The Oriental Insurance Co.Ltd. ... vs Smt. Ranjana Subhash Shinde And ...
2023 Latest Caselaw 8174 Bom

                                          1                        15 fa 1286-16-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                               FIRST APPEAL NO.1286 OF 2016

 The Oriental Insurance Company Limited                  ... Appellant
      Vs.
 Ranjana Subhash Shinde and ors.                         ... Respondents
                                 -------

 Mr.Sandeep S. Jinsiwale, Advocate for the Appellant.
 Mr.T.J.Mendon, Advocate for the Respondents No.1 and 2.

                                              -------

                            CORAM :     ABHAY AHUJA, J.

                            DATE :      09 AUGUST, 2023.


 P.C. :

1. This is an appeal filed by the Insurance company impugning the

judgment and award dated 3rd November, 2015 passed by Motor Accident

Claims Tribunal, Mumbai in M.A.C.P. No.3227 of 2009.

2. Mr.Sandeep S. Jinsiwale, learned counsel for the Appellant would

submit that this appeal involves two issues, one pertains to the driving

license which will need to be examined on the basis of the record and

proceedings that has been received in this court and the second issue

pertains to the fact that the deceased was insured under the ESI Act and

Priya R. Soparkar 1 of 2

2 15 fa 1286-16-c.doc

therefore, his dependents are not entitled to any compensation under

section 166 of the Motor Vehicles Act.

3. Mr.Mendon, learned counsel however vehemently opposes

admission on this ground submitting that this ground was never raised

before the Tribunal.

4. Be that as it may, having heard the learned counsel and having

perused the grounds as well as the impugned decision, the following

order is passed:-

(i) Admit

(ii) Let the Registry produce the record and proceedings at the time of hearing of this matter on 13th September, 2023 subject to removal of all office objections.

(iii) Let compilation of documents be filed within a period of four weeks with a copy to the other side.

5. List on 13th September, 2023.

                                                     (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                      2 of 2