The New India Assurance Co. Ltd. v. Shri. Bharat Damodar Satwe And ANR.

P.H. Jayani 08(II) CAF342.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 342 OF 2016 IN FIRST APPEAL (ST.) NO. 2027 OF 2015 The New India Assurance Co. Ltd.

....Applicant V/s.

Bharat Damodar Satwe & Anr.

....Respondents Ms. Pooja Yadav for the applicant in CAF 341/2016 and CAF 342/2016 and in FAST 2027/2018 and for respondent in CAF 4411/2018. Mr. T.J. Mendon for respondent no.1 and for the applicant in CAF 4411/2018.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st MARCH, 2019.

P.C.:

.

By this application, the applicant / insurance company has sought stay of the execution and implementation of impugned judgment and award dated 17/06/2014 passed by the Member, MACT, Mumbai in Application No.1887 of 2008 wherein the Claims Tribunal has awarded compensation of Rs.4,45,089/- with interest @ 6% per annum to the respondents herein from the date of filing of petition till realization of the amount.

2.

Ms. Pooja Yadav, learned counsel for the applicant / insurance company states that the applicant has already deposited the entire amount before the MACT, Mumbai as per the judgment and award 1/2

P.H. Jayani 08(II) CAF342.16.doc dated 17/06/2014. The learned counsel for respondent no.1 does not dispute the said statement.

3.

In the light of said statement, execution and implementation of impugned judgment and award dated 17/06/2014 passed by the Member, MACT, Mumbai in Application No.1887 of 2008 is stayed till the disposal of the appeal. Statutory amount of Rs.25,000/- deposited before this Court be transferred to MACT, Mumbai. 4.

Civil Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) 2/2