The Divisional Manager, The New India Assurance Co. Ltd. v. Sau. Muktabai Madhav Ugale And ORS.

29 fast14766-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.14766 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.H.G.Misar for the appellant Mr.Sachin Gite for the respondent nos.1 and 2 CORAM : K. K. TATED, J DATE : APRIL 30, 2019 P.C.:

.

Heard.

At the request of Advocate for the appellant, matter is taken on board for urgent orders.

By this First Appeal, Insurance Company is challenging the judgment and award dated 24.11.2015 passed by MACT, Nashik in MACP No.828 of 2012 holding that Respondent Claimants are entitled sum of Rs.23,92,210/- by way of compensation with interest @ 8% p.a. The learned counsel for the appellant submits that Tribunal erred in coming to the conclusion that appellant is liable to pay Mohite 1/2

29 fast14766-16.doc compensation though there was breach of the terms and conditions of the Insurance policy. Considering the submissions made by the learned counsel for the appellant and the impugned order, I am satisfied that the Appellant has made out a case for following order:

a. Admit.

b. The Appellant to file private paper book within one year from today, with copy to other side, failing which the First Appeal shall stand dismissed without further reference to the court.

c. Printing dispensed with.

d. Call R & P.

e.

The learned counsel for the Respondents waive service.

(K.K.TATED, J.) Mohite 2/2