The New India Assurance Co.Ltd. Thr. Its Branch Manager v. Mr. Devendra Hiralal Mistry And ANR.

59fa1102.doc ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1102 OF 2019 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms Aditi Sharma a/w Deepika I/b Res Juris for the Appellant.

CORAM :K.K.TATED,J.

DATE : SEPTEMBER 5, 2019 P.C.:

Heard learned Counsel for the appellant.

By this First Appeal, the Appellant is challenging the Judgment and Award dated 19.10.2018 passed by MACT, Mumbai in MACP No. 67 of 2010 holding that the respondents claimants are entitled to sum of Rs.1,27,000/- by way of compensation with interest @ 7.5% p.a.

The learned counsel for the appellant submits that the Tribunal has erred in coming to the conclusion that the insurance company is liable to pay compensation though they have

59fa1102.doc brought on record documentary evidence to show that the insurance policy was vague. In support of her contention, the learned counsel for the insurance company relied upon paragraphs 12 and 13 of the impugned Judgment. She submits that they have good chance of success in the present matter.

Considering the submissions made by the learned Counsel for the Appellant and the Judgment and Award, I am satisfied that the appellant has made out a case for passing following order:

a) Admit.

b) Printing is dispensed with.

c) Appellant to file private paper book within one year from today, failing which First Appeal shall stand dismissed without further reference to the Court.

d) Registry is directed to call R & P immediately.

(K.K.TATED,J.)