Divisional Manager, The New India Assurance Co Ltd. v. Shri Arvind Ganpatrao Kalyankar And ANR

35.22667.13-fa

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION First Appeal (ST) No.22667/2013 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Devendranath S. Joshi for the Appellant Mr. Parth Shah I/b. Prabha U. Badadare for Respondent No.1.

CORAM

: K.K.TATED,J.

DATED : JUNE 18, 2019 P.C.

Not on board. At the request of the learned counsel for the Appellant, taken on board.

By this First Appeal the Appellant challenges the impugned judgment and award dated 01.02.2013 passed in MACP No.393/2006 holding that the RespondentClaimants are entitled to sum of Rs.12,68,200/- by way of compensation @ 9% p.a.

The learned counsel for the Appellant submits that in the present proceedings the Tribunal has awarded the compensation on higher side. He submits that they have filed the present appeal only on the ground of Basavraj G Patil 1/2

35.22667.13-fa quantum as well as negligence on the part of the other side.

Considering the submissions made by the learned counsel for the Appellant and the impugned judgment and award, following order is passed:

a.

Admit.

b.

The Appellant is directed 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.

Call R & P.

e.

The learned counsel for Respondent No.1 waives service.

(K.K.TATED, J.) Basavraj G Patil 2/2