1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 17. FA NO.2535/2008 WITH CA NO.6798/2009 AND 6797/2009 -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. Dhananjay Deshpande, Adv., for the appellants. Mr. R.B.Bhosale, Adv., for respondent nos. 1 to 3. ... CORAM : K.U. CHANDIWAL, J. DATED : 13th July, 2009 ... P.C.:- 1. Heard Counsel extensively ( First Appeal No.2535/2008). The appeal is admitted by order dt.27.6.2008. 2. In an accident dt.12.5.2005, the Jeep, insured with appellant as a private vehicle turned turtle in which the deceased, aged 35 years lost her life. The claimant assessed her income at Rs. 5,000/- per month and filed the claim petition. The learned Tribunal, on assessment of the evidence, passed award to the tune of Rs. 3,94,000/-. The same is now under scanner. During the course of submission, the Insurance Company pointed, the Insurance policy, subject matter of the claim, was inadvertently not tendered 2 and relevant averments also were skipped in the written statement. The Insurance Company urged to allow it to tender such policy by additional evidence, including incorporating the same in the written statement. 3. Though the claimants should not be sufferer at the lacunae of the appellant insurance Company, at the same time, the fault by the Counsel representing the Insurance Company should not create a wedge in the matter of rights of the appellant and claimants. Hence following order: Appeal is partly allowed ( FA2535/2008). The order under challenge is set aside. The appellant to deposit cost of Rs.10,000/- within four weeks or, directly pay it to the claimants in the stipulated time. The matter is remanded to the learned Member, Motor Accident Claims Tribunal, at Aurangabad. The amount deposited by the appellant Insurance Company and withdrawn by the claimant shall be subject to the ultimate verdict. No costs. Civil Applications disposed of. (K.U.CHANDIWAL) JUDGE agp/fa2535-08