Shriram General Insurance ... vs Smt. Kajal Babasaheb Jadhav And ...
2023 Latest Caselaw 7504 Bom

                                                                   14-FA-1159-2018.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               CIVIL APPELLATE JURISDICTION

                           FIRST APPEAL NO. 1159 OF 2018

 SHRIRAM GENERAL INSURANCE COMPANY LTD.)...APPELLANT

          V/s.

 SMT.KAJAL BABASAHEB JADHAV AND ORS.                        )...RESPONDENTS

 Mr.Rahul Mehta i/by KMC Legal Venture, Advocate for the Appellant.
 Mr.Kuldeep Nikam, Advocate for the Respondents No.1 to 5.

                                   CORAM      :    ABHAY AHUJA, J.

                                   DATE       :    27th JULY 2023

 P.C. :

1. Pursuant to earlier orders, Mr.Mehta submits that the subject

amendment has been carried out and Respondent no.5 has been

deleted. Learned Counsel would submit that the Insurance

Company has challenged the impugned judgment and award on

the ground of negligence as well as quantum. As far as negligence

is concerned, learned Counsel would submit that there should

have been some contributory negligence attributed to the

deceased. With respect to quantum, he would submit that the

amounts considered by the Tribunal should have been much lesser

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14-FA-1159-2018.doc

than Rs.12,000/-. Mr.Mehta also submits that if the claimants

submit a proposal to settle the matter to the Insurance Company,

he would be happy to have the same considered.

2. Having heard the learned Counsel and having perused the

grounds as well as the impugned decision, this Court is of the view

that interests of justice would be served if the Appeal is finally

heard at the stage of admission.

3. Registry is directed to call for the Record and Proceedings

within a period of four weeks. Let compilation of documents be

filed within that period with a copy to the other side.

4. List on 31st August 2023.

5. In the meanwhile, let MrNikam, learned Counsel for the

Respondents, submit a proposal to Mr.Mehta so that Mr.Mehta can

also work on amicably settling this matter.

                                           (ABHAY AHUJA, J.)




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