The New India Assurance Co. Ltd. v. Smt. Kamal Sarjerao More And ORS.

32-fast-30646-2017.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL (ST) NO.30646/2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Mr.S.S.Jinsiwale for applicants in civil applications.

Advocate Mr.Vaibhav Gaikwad for respondent Nos.1 to 6.

CORAM : K. K. TATED, J.

DATE : JUNE 17, 2019.

P.C.:

Not on board. At the request of learned counsel for appellant, matter is taken on board for urgent orders. 2.

Heard learned counsel for parties. By this Appeal, appellant/ Insurance Company is challenging Judgment and Award dated 24.1.2017 passed by MACT, Satara in MACP no.65/2014 holding that respondent/claimants are entitled sum of Rs.13,24,000/- by way of compensation with 9% interest p.a. Chitra Sonawane 1/2

32-fast-30646-2017.doc Learned counsel for the appellant submits that the Court below failed to consider the fact that, the driver of the offending vehicle was negligent and therefore, his motor cycle colluded with Tata qualis.

4.

Considering the submissions and the impugned Judgment and award, I am satisfied that appellant has made out a case for following order.

a) Admit.

b) Printing dispensed with.

c) 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.

d) Registry is directed to call the record and proceeding immediately.

e) Learned advocate Mr.Vaibhav Gaikwad waives service for Respondent Nos.1 to 6.

(K.K.TATED, J.) Chitra Sonawane 2/2