United India Insurance Co. Ltd. Pune Regional Office Thr. Its Satara Divisional Office 2 v. Smt. Neela Dattu Jadhav And ORS.

511.897.19-fa.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION First Appeal No.897/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Amol Gatane for the Appellant

CORAM

: K.K.TATED, J.

DATED : JULY 9, 2019 P.C.

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

By this First Appeal, the Appellant challenges the judgment and award dated 30.10.2018 passed by the MACT Satara in MACP No.214/2011 holding that the Respondent-Claimants are entitled to sum of Rs.5,76,250/- by way of compensation with interest @ 7.5% p.a.

The learned counsel for the Appellant submits that in the present proceedings in an accident which occurred on 22.08.2009 the deceased Dattu was traveling from Ghodegaon, Tq.

Nevasa to Yevla in the Tata 407 tempo Basavraj G. Patil 1/2

511.897.19-fa.odt registered as a goods carrier. Therefore, the Insurance Co. is not liable to pay compensation. He submits that they have good chance of success in the matter.

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