Tata Aig Gen. Insurance Co. Ltd. v. Serathunisha Samsad Ahemad And ORS.

LSP 1 902 fast 20490.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION First Appeal (st) No. 20490 of 2025 With Interim Application No.11472 of 2025 In First Appeal (st) No. 20490 of 2025 Tata AIG Gen. Insurance Co. Ltd.

...

Appellant V/s.

Serathunisha Samsad Ahemad and others ...

Respondent/s.

Ms. Prachi Pawar i/b. Res Juris Advocate for the Appellant.

Mr. Amol Gatne Advocate for the Respondents.

CORAM : S.M. MODAK, J Digitally signed by SEEMA KSHITIJ YELKAR Date:

2025.09.25 12:12:35 +0530 SEEMA KSHITIJ YELKAR DATE : 19th September 2025.

P.C. :

Heard learned Advocate for the Appellant.

2.

The Tribunal, Mumbai as per Award dated 18th January 2025 has directed the present Appellant-insurer and the insured to pay jointly and severally compensation of Rs.63,42,000/- along with interest at the rate of 7.5% per annum. The Appellant intends to prefer an appeal as there was a fake licence and on account of notional income.

3. Mr. Ghatne waives notice on behalf of Respondent Nos. 1 to 9.

LSP 2 902 fast 20490.25.doc Let he file Vakalatnama in the office before the next date. He intends to file compilation of documents. Let it be filed in the office. Copy be given to other side.

4.

Issue notice to Respondent No.10, returnable on 3rd November 2025. Private notice is allowed. Service affidavit be filed. Interim Application No. 11472 of 2025 5.

Heard learned Advocate for the parties.

6.

There is an execution filed on behalf of the claimants. Stay be granted to execution of impugned judgment and award dated 18th January 2025 passed by the M.A.C.T. Mumbai subject to deposit of entire amount along with interest before the Tribunal within a period of six weeks.

7.

On deposit the claimants are at liberty to withdraw 50% of the deposited amount along with corresponding interest after giving usual undertaking before the Tribunal. The Tribunal to disburse the amount as per the Award.

8.

Interim Application is disposed of accordingly. (S.M. MODAK, J.)