The Branch Manager,Shriram ... vs Shri Mustakmahammad Harunrashid ...
2023 Latest Caselaw 6264 Bom

                                         1                        26 fa 127-21-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                               FIRST APPEAL NO.127 OF 2021

 The Branch Manager,
 SHRIRAM General Insurance Company Limited     ... Appellant
       Vs.
 Shri Mustakmahammad Harunrashid Patil and ors.... Respondents
                               -------

 Mr.Rahul Mehta i/by M/s KMC Legal Venture, Advocate for the Appellant.
 Mr.Sangramsinh Yadav, Advocate for the Respondents No.1 to 3.

                                             -------

                            CORAM :     ABHAY AHUJA, J.

                            DATE :      03 JULY, 2023.


 P.C. :

1. This is an appeal filed by the Insurance Company dissatisfied by

the judgment and award dated 9th February, 2018 passed by Motor

Accident Claims Tribunal, Kolhapur in M.A.C.T. Application No.433 of

2014.

2. Mr.Mehta, learned counsel for the Appellant would submit that

despite there being no documents or evidence in that regard, the Tribunal

has gone ahead and assessed the income of the deceased at Rs.1,50,000/-

per annum. He submits that the same should have been computed on the

Priya R. Soparkar 1 of 2

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basis of notional income. Learned counsel draws the attention of this court

to ground No.q of the appeal and submits that the Tribunal has

exaggerated the compensation by Rs.7,13,000/- and is therefore, ex-facie

illegal and liable to the set aside as the Appellant Insurer vested with

public funds will suffer grave harm and prejudice. On the other hand,

Mr.Yadav, learned counsel for the Respondents No.1 to 3 submits that

the deceased was only 26 years at the time of death and in fact the

Tribunal should have awarded a larger compensation.

3. Having heard learned counsel and having perused the impugned

order as well as the grounds, the following order is passed:

(i) Admit.

(ii) Registry is directed to call for the record and proceedings within a period of four weeks.

(iii) Let private paper-book be filed within a period of four weeks thereafter with the copy to the other side.

4. List on 4th September, 2023 for final hearing subject to removal of

all office objections.

                                                   (ABHAY AHUJA, J.)




  Priya R. Soparkar                                                                    2 of 2