Mr.Jitendra A. Haldankar. v. Mr. Francisco Pereira And 2 ORS.,

1 FA15-16

IN THE HIGH COURT OF BOMBAY AT GOA.

FIRST APPEAL NO.15 OF 2016.

Mr. Jitendra A. Haldankar, Age 33 years, S/o Anil Haldankar, R/o H. No. 163(1), Near Sub Jail, Headland Sada, Marmugao, Goa.

Pin Code 403802 .......Appellant.

Versus

1.

Francisco Pereira, Major in age, C/o Philfran Travels, Philfran Plaza, Near Don Bosco School, M. G. Road, Panjim, Goa.

2.

Rasul Sidhapur, Major in age, R/o H. No.599/1, St. Inez, Panjim, Goa.

3.

National Insurance, Panjim Divisional Officer-II, "Souza Towers" 2nd floor, Dr. Roque D'Souza Road, Near Municipality, Panjim Goa.

.......Respondents.

Shri Shailesh Redkar, Advocate for the appellant. Shri Amey Jagdish Kakodkar, Advocate for the respondents no.3. CORAM : NUTAN D. SARDESSAI, J.

Date:- 4th August, 2016.

JUDGMENT:

Heard

2 FA15-16 2.

Admit.

3.

Shri A. Kakodkar, learned Advocate waives notice on behalf of the respondents.

4.

i am satisfied that this is a fit case for remand of the file and in view thereof, the impugned judgment and award is quashed and set aside and the file remanded to the learned MACT-2, Margao for disposing off the matter on merits after affording adequate opportunity to the parties in the matter. The learned MACT-2 shall dispose off the matter within one month from the receipt of the Writ of this Court. The respondents no.3 shall be at liberty to agitate their grievance before the MACT regarding the costs borne in prosecuting the appeal. 5.

The parties are directed to appear before the MACT-2, Margao on 9.8.2016 at 10.00 hours. The learned MACT shall not be influenced by the observations of this Court. The appeal stands disposed off accordingly.

6.

Authenticated copy of this order be expedited. NUTAN D. SARDESSAI, J.

vn*