Bajaj Allianz General Insurance ... vs Mr. Bhima Dnyanoba Gaikwad And Ors
2023 Latest Caselaw 5232 Bom

                                          1                        34 fa 535-20-c.doc


                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                               FIRST APPEAL NO.535 OF 2020

 Bajaj Allianz General Insurance Company Limited ... Appellant
        Vs.
 Mr.Bhima Dnyanoba Gaikwad and ors.              ... Respondents
                                   -------

 Ms.Yogita Deshmukh-Chitnis, Advocate for the Appellant.
 Ms.Rina Kundu, Advocate for the Respondents No.1 and 2.

                                              -------

                            CORAM :     ABHAY AHUJA, J.

                            DATE :      07 JUNE, 2023.


 P.C. :

1. Heard learned counsel for the parties.

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

judgment and award dated 9th February, 2017 passed by the Motor

Accident Claims Tribunal, Mumbai in Claim Petition No.503 of 2014.

3. Learned counsel for the Insurance Company submits that although

the Tribunal has awarded the claim to the claimants, it has failed to

examine the owner of the motor-cycle involved in the accident and also

Priya R. Soparkar 1 of 2

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not considered the evidence on record. Not only that, the owner of the

vehicle involved in the accident is not even be made a party. Since no

documents have been filed on behalf of the deceased and income of the

deceased could not be proved, the compensation has been awarded on

the basis of notional income. She therefore, submits that this appeal be

admitted.

4. On the other hand, learned counsel for the Respondents/original

claimants submits that she would also like to file cross-objection in the

matter as the aspect of future prospects has not been considered.

5. Having heard the learned counsel for the parties and having

perused 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 the private paper-book be filed within a period of four weeks thereafter with advance copy to the other side.

6. List on 2nd August, 2023.

                                                  (ABHAY AHUJA, J.)



  Priya R. Soparkar                                                                   2 of 2