The New India Assurance Co. Ltd. ... vs Mr. Kurian Philip Thomas And Ors
2021 Latest Caselaw 4705 Bom

                                                                                  6-fa-1282-2016 with caf-3558-2016


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                   FIRST APPEAL NO.1282 OF 2016
                                                                  WITH
                                                 CIVIL APPLICATION NO.3558 OF 2016

                            The New India Assurance Co. Ltd.
                            Through Mumbai Retional Office-I                        ..Appellant
                                 Vs.
                            Mr.Kurian Philip Thomas & Ors.                          ..Respondents
                                                            ----
         Digitally signed   Mr.Devendra S. Joshi for the Appellant.
         by Nilam
Nilam    Kamble

Kamble   Date:
         2021.03.15         Mr.Sainand Chaugule for Respondent Nos.1 and 2.
         15:16:21 +0530
                                                          ----
                                                         CORAM : C.V. BHADANG, J.

                                                                 DATE    : 15th MARCH 2021

                            P.C.:

1. Heard learned counsel for the parties for some time.

2. The original claimant who had suffered an injury and

disablement in an accident had filed a Claims Petition seeking

compensation. During the pendency of the Claims Petition, she died

and the present respondent Nos.1 and 2 who are respectively the

husband and son of the original claimaint, were impleaded as

claimants. The Tribunal by the impungned judgment has awarded

compensation of Rs.14,37,118/- to the respondent Nos.1 and 2

along with interest.

N.S. Kamble page 1 of 2 6-fa-1282-2016 with caf-3558-2016

3. It is contended on behalf of the appellant that the

original claiminant was serving as a non-teaching staff in a college

and after the accident she had rejoined the duties. It it therefore,

submitted that there was no loss of income after. It is submitted that

the orginal claimant died. After eight years of the accident. Thus

death is not attributable to the injuries suffered in the accident.

4. Considering the short point involved the learned

counsel for the appellant states that he will produce the copies of

the pleadings and evidence on record, so that the appeal can be

disposed of finally at the state of admission.

5. In such circumstances, stand over to 19th April 2021 for

final disposal subject to constraints of time.

6. Offfice to accept the compilation.

7. The service of the notice on the respondent No.3 who is

the owner is dispensed with inasmuch as the appellant is not raising

any statutory defence.

C.V. BHADANG, J.

     N.S. Kamble                                                         page 2 of 2