The Manager, The New India Insurance Co. Ltd. v. Smt. Jyostna Gangaram Ghag And ORS.

13 fast25706-16.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.25706 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.D.R.Mahadik for the appellant CORAM : K. K. TATED, J DATE : APRIL 23, 2019 P.C.:

.

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

Heard.

By this First Appeal, appellant Insurance Company is challenging the judgment and award dated 18.11.2015 passed by MACT, Mandgaon in MACT No.9 of 2011 holding that the Respondent original Claimants are entitled sum of Rs.8,10,500/- by way of compensation along with interest @ 7% pa.

The learned counsel for the Applicant submits that the Tribunal failed to consider the fact that there was breach of the terms and Mohite 1/2

13 fast25706-16.doc conditions of the Insurance Policy and therefore, Insurance Company is not liable to pay any compensation.

Considering the submissions made by the learned counsel for the appellant and the impugned judgment and award, I am satisfied that the Appellant has made out a case for following order:

a. Admit.

b. The Appellant 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.

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