The New India Assurance Co. Ltd., ... vs Archana Milind Rajurkar And Ors
2021 Latest Caselaw 9549 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                      FIRST APPEAL NO.991 OF 2021
                                 WITH
                   CIVIL APPLICATION NO.6051 OF 2021
                                  IN
                       FIRST APPEAL NO.991/2021

        THE NEW INDIA ASSURANCE CO. LTD., THR ITS DIV.
        MANAGER, THR ITS DIV. MANAGER, AURANGABAD
                              VERSUS
             ARCHANA MILIND RAJURKAR AND ORS
                                  ...
         Advocate for the Appellant : Shri Chapalgaonkar S.G.
                                  ...

                               CORAM : RAVINDRA V. GHUGE
                                              &
                                       S.G. MEHARE, JJ.

DATE :- 20th July, 2021

Per Court :-

1. We have briefly heard the learned advocate for the

appellant and have perused the impugned award.

2. The deceased met with an accident on 08.11.2017. Due

to collision with a truck, the deceased fell on the road and suffered

head injuries and died.

3. The contention of the appellant, inter-alia, is that the

deceased was more than 50 years of age and was also not wearing a

helmet while he was riding a two-wheeler, which met with an

accident. The multiplier has been wrongly applied by the learned

Tribunal while granting a huge compensation of Rs.2,52,93,250/-

along with interest at the rate of 9% per annum, from the date of

filing the petition till the realization of the amount.

*2* 918fa991aca6051o21

4. Issue notice to the respondents in the First Appeal as

well as in the Civil Application, returnable on 01.09.2021.

5. Insofar as the Civil Application is concerned, by way of

an ad-interim protection, the impugned judgment and award dated

16.03.2021 passed by the learned Tribunal in MACP No.149/2018

shall stand stayed subject to the condition that the appellant

Insurance Company shall deposit 70% of the award amount as set

out in clauses (1) and (2) of the impugned award, in this Court on or

before 31.08.2021.

kps (S.G. MEHARE, J.) (RAVINDRA V. GHUGE, J.)