Iffco-Tokio General Insurance ... vs Smt. Sarita Kishin Aswani Through ...
2021 Latest Caselaw 9069 Bom

                                                       11.94605.20-fast.odt


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE SIDE JURISDICTION

                         FIRST APPEAL (ST) NO.94605/2020


       IFFCO TOKIO General Insurance Co. Ltd...... Appellant

               Vs.

       Smt. Sarita Kishin Aswani & Anr.                ..... Respondents


       Ms. Deepika Prabhala I/b. Res Juris for the Appellant
       Mr. S. S. Vidyarthi for Respondent No.1.


                        CORAM:       K.K.TATED &
                                     PRITHVIRAJ K. CHAVAN, JJ.

                        DATED :      JULY 12, 2021
                                     (VIDEO CONFERENCING)
       P.C.

               Heard.          By this appeal, the Appellant Insurance
       Company challenges             the   judgment    and award dated

21.12.2019 passed by the MACT, Mumbai in MACP No.215/2011 holding that the Respondent - Claimant is entitled to compensation of Rs.1,33,74,105/- (Rs. One Crore Thirty Three Lacs Seventy Four Thousand One Hundred and Five only) inclusive of NFL along with interest @ 8% p.a. from the date of Application till realization.

2 The learned counsel for the Appellant submits that the compensation awarded by the Tribunal is on higher side. She submits that they have good chance of success in the matter.

       Basavraj G. Patil                                                           1/2





                                                    11.94605.20-fast.odt




3      Considering the submissions made by the learned

counsel for the Appellant and the impugned award, we are satisfied that the Appellant has made out a case for the following order:

       a.      Admit.

       b.      Hearing expedited.

       c.      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.

       d.      Printing dispensed with.


       e.      Office is directed to call R & P.


       f.    The learned counsel for Respondent No.1 waives
       service.




(PRITHVIRAJ K. CHAVAN, J.)                         (K.K.TATED, J.)




Basavraj G. Patil                                                               2/2