Tata Aig General Insurance Co. Ltd. v. Smt. Gangubai Dilip Bhosale And ANR.

35 FA 270-17.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 270 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Devendranath S. Joshi for Appellant.

Bhalchandra S. Shinde for Respondent Nos. 1 & 2. CORAM : K. K. TATED, J DATE : OCTOBER 22, 2019.

P.C.:

Heard.

2. By this First Appeal, the Appellant-Insurance Company is challenging the Judgment and award dated 03/12/2015 passed by the Motor Accident Claims Tribunal, Baramati in Motor Accident Claim Petition No.19/2012 holding that the Respondents/ Original Claimants are entitled to a sum of Rs. 14,11,000/- by way of compensation with interest @ 9% p.a. from the date of filing of claim application till the date of realization of the entire amount.

Laxmi 1/2

35 FA 270-17.doc

3. The Learned Counsel for the Appellant submits that, by this First Appeal they are challenging the Judgment and award on quantum, negligence of offending vehicle and breach of the terms and conditions of the insurance policy.

4. Considering the submission made by the Learned Counsel for the Appellant and the impugned Judgment and award, the following order is passed:

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.

e. The Learned Counsel Mr. Shinde waives service for Respondent Nos. 1 and 2.

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