Iffco Tokio General Insurance Company Ltd. v. Mrs. Ashwini Anil Bhalerao And ANR.

73 fa1100-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO.14552 OF 2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Vikrant V. Parshurami for the Appellant CORAM : K. K. TATED, J DATE : AUGUST 22, 2019 P.C.:

.

Heard.

By this First Appeal, appellants are challenging the judgment and award dated 29.01.2019 passed by MACT, Mumbai in MACP No.809 of 2012 holding that Respondent original Claimant is entitled Rs.1.0 lac by way of compensation with interest @ 8% p.a..

The learned counsel for the Appellant submits that in the present proceeding, cheque issued by owner of the vehicle towards insurance premium was dishonoured.

Therefore, there is no question of holding Mohite 1/2

73 fa1100-19.doc Insurance Company liable. These facts are not considered by the Trial Court. Hence, they preferred the present First Appeal.

Considering the submissions made by the learned counsel for the appellant and the impugned judgment and award, 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. Registry is directed to call R & P immediately.

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