Heard Mr. Vibhuti Nanavati, learned advocate for the appellant and it is submitted that the claims Tribunal failed to apply and follow structural formula and 2nd schedule attached to the Act and further as per the decision of the Apex Court in the case of National Insurance Company Limited vs. Sinitha [(2012) 2 SCC 356] it is open for the Insurance Company to raise defence and establish and prove negligence.
Considering the above, Admit.
ORDER IN CIVIL APPLICATION Rule returnable on 25th July, 2012.
Ad-interim relief in terms of para 6(A) on the condition that decretal amount of the judgment and award impugned in this appeal be deposited before the Tribunal within four weeks from today.
[ANANT S. DAVE, J.] //smita// Top