Iffco-Tokio General Insurance Company Ltd., v. Smt. Mukta Ravindra Jadhav (No.1 For Herself And For Her Minor Children Nos.2 To 4) And ORS.

P.H. Jayani 903(II) CAF229.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 229 OF 2019 IN FIRST APPEAL (ST.) NO. 5128 OF 2017 Iffco Tokio General Insurance Co. Ltd.

....Applicant V/s.

Mukta Ravindra Jadhav & Ors.

....Respondents Ms. Shalini Shankar for the applicant in CAF 228/2019 and in CAF 229/2019 and for the appellant in FAST 5128/2017 and for R.No.1 in CAFST 30234/2018.

Mr. P.K. Bohade for R.No.1 to 5 and for the applicant in CAFST 30234/2018.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st MARCH, 2019.

P.C.:

.

By this application, the applicant / insurance company has sought stay of the execution of judgment and award dated 20/05/2016 passed by the Member, MACT, Niphad, Dist. Nashik in MACP No.82 of 2010 wherein the Claims Tribunal has awarded compensation of Rs.8,65,000/- inclusive of no fault liability, if any with interest @ 7% per annum to the respondents herein from the date of filing of the petition till the realization of entire amount. 2.

Ms. Shalini Shankar, learned counsel for the applicant / insurance company states that the applicant has already deposited 1/2

P.H. Jayani 903(II) CAF229.19.doc entire amount alongwith interest accrued thereon before the MACT, Niphad as per the judgment and award dated 20/05/2016. This statement is not disputed by the learned counsel for respondent nos. 1 to 5.

3.

In the light of above statement, the execution and implementation of the impugned judgment and award dated 20/05/2016 passed by the Member, MACT, Niphad, Dist. Nashik in MACP No.82 of 2010 is stayed till the disposal of the appeal. 4.

Civil Application stands disposed of.

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