National Insurance Company Limited v. Smt.Neeta Santosh Malgunde And ORS.

16 FA 21023-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST.) NO. 21023 OF 2017 Office Notes, Office Memoranda of Coram, appearances, Court'

s orders or directions and Registrar'

s orders Court'

s or Judge'

s orders.

P. A. Narayanan for the Appellant.

Ravindra Pachundkar for Respondent No.5.

Shankar Katkar i/b Manisha Devkar for Respondent No.6.

CORAM: K.K.TATED, J.

DATED : OCTOBER 15, 2019 P.C.

1 Heard learned Counsel for the parties.

2 By this First Appeal, Appellant Insurance Company is challenging the judgment and award dated 21/12/2016 passed by the MACT, Pune in MACP No. 477/2013 holding that the Respondents/Original Claimants are entitled compensation of Rs. 16,02,000/- with interest @ 9% p.a.

3. The Learned Counsel for the Appellant submits that the Tribunal failed to consider negligence of offending vehicle at the time of deciding the amount of compensation. He further submits that even the compensation awarded to the Original Claimants is on Laxmi 1/2

16 FA 21023-17.doc higher side. He submits that they have good chance of success in the present matter.

4. Considering the submissions made by the learned Counsel for the Appellant and the impugned Judgment and award, I am satisfied that Appellant has made out a case for the following order:

a. Admit.

b. Printing dispensed with.

c. The appellant is directed to file private paper book with copy to other side within one year from today failing which the first appeal shall stand dismissed without further reference to the court.

d. Call R & P.

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