Bharti Axa General Insurance Co. Thr. Regional Office, Nagpur Thr. Manager (Legal) Idris Z. Khanwal v. Chayabai Wd/O Gulab Gatade And Others

27 CAF-400-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (F) NO.400 OF 2020 IN FIRST APPEAL NO.87 OF 2020 {Bharti Axa General Insurance Company, Nagpur ..Vrs.. Chayabai Wd/o Gulab Gatade and Ors} ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri A. P. Bhuibhar, Adv. h/f Shri R. D. Bhuibhar, Advocate for the Appellant/Applicant.

CORAM : ABHAY AHUJA, J.

DATE : 15 th SEPTEMBER , 202 2 .

.

The learned counsel for the applicant seeks confirmation of stay granted by this Court to the order dated 10.10.2019 passed by the Motor Accident Claims Tribunal, Chandrapur, in MACP No.74 of 2012.

2.

Earlier a conditional stay was granted by this Court on 27.01.2020. The learned counsel for the applicant states that since the entire amount of compensation has already been deposited in this Court, nothing survives in this application. Accordingly, the application stands disposed of. 3.

Let the stay to the impugned order to continue till the final disposal of the appeal.

FIRST APPEAL NO.87 OF 2020.

4.

This is an appeal filed against the order dated 10.10.2019 passed by the Motor Accident Claims Tribunal, Chandrapur, in MACP No.74 of 2012, pursuant to which, the appellant/Insurance Company and the respondent no.4 were held jointly and severally liable to pay compensation amount

27 CAF-400-2020 of Rs.17,45,000/- (Seventeen Lakhs Forty Five Thousand Only) alongwith interest @ 6% to the original claimants. 5.

The learned counsel for the appellant/Insurance Company submits that the Claims Tribunal has committed an error of law in recording finding that the deceased was earning Rs.9,500/- per month in absence of any supporting evidence. 6.

None for the respondents though served.

7.

Having heard the learned counsel for the appellant and having perused the grounds of appeal as well as the impugned order, the following order is passed :

O R D E R

i) Admit.

ii) Registry is directed to call for Record and Proceedings within a period of four weeks.

iii) Private paper-book alongwith compilation of documents and evidence be filed within a period of four weeks thereafter.

iv) Let the Memo of Appeal alongwith compilation of documents and evidence be served on the respondents within a period of two weeks and an affidavit of service with tangible proof be filed in this Court by the next date. 8.

List the matter on 30.11.2022.

(JUDGE) ASHOKRAO TAMBE Personal Assistant to Hon'ble JUDGE TAMBE