Icici Lombard Motor Insurance Co.Ltd. Thr. Its Authorized Representative Rupesh Vasant Chavan v. Smt. Shobha Jyotiram Gandhale And ORS.

509.25605.19-fast.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION First Appeal (ST) No.25605/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Pooja Singh a/w. Deepika Prabhal I/b.

Res Juris for the Appellant CORAM: K.K.TATED, J.

DATED : SEPTEMBER 19, 2019 P.C.

Pursuant to the praecipe filed by the learned counsel for the Appellant, the matter is taken on production board.

The Appellant is directed to remove all office objections on or before 11.10.2019, failing which the First Appeal shall stand dismissed without further reference to the court.

By this First Appeal, the Appellant Insurance Co. challenges the judgment and award dated 30.04.2019 passed by the MACT Baramati in MACP No.157/2015 holding that the Respondent-Claimants are entitled to sum of Rs.9,36,000/- by way of compensation with interest @ 8% p.a.

Basavraj G. Patil 1/2

509.25605.19-fast.odt The learned counsel for the Applicant submits that there was delay on the part of the claimants to file FIR about the accident. She submits that the FIR was filed by the brother of the deceased and not eye witness. She submits that even the compensation awarded by the Tribunal is on higher side. Hence, the First Appeal.

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.

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