The New India Assurance Co.Ltd., v. Shri.Hemraj Dulchand Jain And ORS.

(24) FAST 24151-17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (STAMP) NO. 24151 OF 2017 The New India Assurance Co. Ltd.

.. Appellant Vs.

Shr Hemraj Dulchand Jain & Ors.

.. Respondents Ms. Aarti Taware I/b Milind V. More for the Appellant. Mr. Omkar Paranjape I/b Avinash M. Gokhale for Respondent Nos.1 to 3. CORAM : K. K. TATED, J.

DATE : 3 rd APRIL, 2019.

P. C. :

1.

Heard learned Counsel for the parties.

2.

Not on board. At the request of learned Advocate for Appellant, matter is taken on board for urgent orders.

3.

By this First Appeal, Appellant is challenging the Judgment and Award dated 07.01.2017 passed by Motor Accident Claim Tribunal, Mumbai in Application No. 2947 of 2010 holding that the RespondentsClaimants are entitled compensation of Rs.10,75,000/- with interest @ 7.5% p.a.

4.

Learned Counsel for the Appellant submits that the Tribunal has awarded compensation on higher side. Hence, they have good chance of success in the present matter.

5.

Considering the submissions made by learned Counsel for the Appellant and impugned Judgment and Award, I am satisfied that the Appellant has made out case for following order : 1/2

(24) FAST 24151-17 (i) Admit.

(ii) Printing dispensed with.

(iii)Registry is directed to call R & P immediately. (iv) Appellant to file private paper book within one year from today, failing which First Appeal shall stand dismissed without referring back to the Court.

(v) Learned Counsel Shri Paranjape waives service for Respondent Nos.1 to 3.

[K. K. TATED, J.] 2/2