Bharti Axa General Insurance Co. Ltd. Now Known As Icici Lombard General Insurance Co. Ltd. Mumbai v. Avesh Zubir Ahmed Khan Minor Thr. Next Friend And Father And ANR.

29 Ia-11887-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 11887 OF 2024 IN FIRST APPEAL (ST) NO. 23574 OF 2024 Bharti Axa General Insurance Co. Ltd. Now Known As Icici Lombard General Insurance Co. Ltd. Mumbai ...Applicant Vs.

Avesh Zubir Ahmed Khan Minor Thr. Next Friend And Father And Anr.

...Respondents

***** Mrs. Varsha Chavan Advocate for the Applicant Mr. T. J. Mendon Advocate for the Respondent No. 1 ***** CORAM :

S. M. MODAK, J.

DATE :

11th SEPTEMBER 2025 P. C. :- 1.

Heard learned Advocate for the Insurance Company and learned Advocate for the Respondent No. 1.

2.

There is a delay of 108 days in filing an appeal against the award passed by the MACT, Mumbai dated 22.12.2023. It is opposed on by SEEMA KSHITIJ YELKAR Date:

2025.09.16 11:59:17 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

29 Ia-11887-2024.doc behalf of the Respondent No. 1.

3.

For the reasons stated in the application, it is allowed in terms of prayer clause 'a'.

4.

Accordingly, Interim application is disposed of. FIRST APPEAL (ST) NO. 23574 OF 2024 5.

This is an appeal arising out of claim petition relating to injury claim of four years old child. On the basis of submissions, the issues which will come up in this appeal are what can be notional income for four years child, if permanent disability is 80% and whether tribunal was justified in considering 70 % of occupational disability. 6.

The quantum of compensation on other heads is also challenged on behalf of the Appellant. Learned Advocate Shri Mendon agrees to file compilation of the documents.

7.

Stand over to 08th October 2025. Matter will be heard finally at an admission stage.

[S. M. MODAK, J.] Seema 2/2