The Divisional Manager, Bajaj Allianz Insurance Comapny Limited v. Smt. Swati Sachin Jadhav And ORS.

1 115.21092.15 fast.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO. 21092 OF 2015 The Divisional Manager, Bajaj .....Appellant Alianz Insurnace Company Limited V/s.

Smt. Swati Sachin Jadhav and others .....Respondents Mrs. Yogita Deshmukh for the appellant Mr. Pritesh Bohade for the respondents CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard learned counsel for the parties. The learned counsel Shri. Pritesh Bohade waives service for respondent nos. 1 to 3. By this First Appeal, appellant is challenging the Judgment and Award dated 30/08/2014 passed by Motor Accident Claims Tribunal, Nashik in Motor Accident Claim Petition No. 167/2011 holding that respondents are entitled compensation to the tune of Rs. 6,80,000/- with 6% per annum.

2 115.21092.15 fast.doc The learned counsel for the appellant submits that deceased was travelling as gratitutuous passenger in a truck, therefore, Insurance Company is not liable to pay compensation. Considering the finding given by the Trial Court in para 10 and the submissions made by the learned Advocate for the appellant, I am satisfied that appellant has made out case for following order: (I) Admit.

(II) Printing dispensed with.

(III) Appellant to file private paperbook within one year from today, failing which matter shall stand dismissed without referring back to the Court. (IV) Registry is directed to call record and proceedings immediately.

[K. K. TATED, J.]