National Insurance Co. Ltd vs Mr. John K. Mathew And Anr
2023 Latest Caselaw 8179 Bom

                                          1                        17 fa 1556-19-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                               FIRST APPEAL NO.1556 OF 2019

 National Insurance Company Limited ... Appellant
       Vs.
 Mr.John K. Mathew and anr.          ... Respondents
                                 -------

 Ms.Ishita Bhole i/by Mr.Asim S. Vidyarthi, Advocates for the Appellant.
 Mr.T.J.Mendon with Mr.T.R.Kale, Advocates for the Respondent No.1.

                                              -------

                            CORAM :     ABHAY AHUJA, J.

                            DATE :      09 AUGUST, 2023.


 P.C. :

1. This matter is listed under the caption "For Admission".

2. The appeal is filed by the Insurance Company raising various

grounds including the ground that the risk of the injured was neither

required to be covered under the Motor Vehicles Act nor was it in fact

covered under the insurance policy issued by the Appellant.

3. Mr.T.J.Mendon, learned counsel for the Claimant/ Respondent No.1

would submit that the said ground has not been taken up before the

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Tribunal.

4. A perusal of the impugned judgment and award does not indicate

that the said ground was taken up before the Tribunal. Mr.Mendon also

submits that policy is a "comprehensive" policy and not an "Act only"

policy.

5. The Tribunal has observed that the Appellant has proved that

Applicants sustained injury in the vehicular accident on 19 th October, 2009

by rash and negligent driving by driver of the vehicle No.MH04-AS-4614

which was insured by the injured. Thereafter, the Tribunal has gone ahead

and awarded compensation.

6. Having heard the learned counsel and having perused the grounds

as well as the judgment and award, this court is of the view that the

interests of justice would be served, if the appeal is finally heard at the

stage of admission.

7. Accordingly, let the compilation of documents be filed within a

period of four weeks.

  Priya R. Soparkar                                                                 2 of 3



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 8.           List on 14th September, 2023.

9. Let the Registry place the record and proceedings in the court on

the next date of hearing.

                                                  (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                   3 of 3