Iffco Tokio General Insurance Co.Ltd v. Mr. Mukhtar Ahmed Mohd Ali Shah And ANR.

Megha 32_caf_2237,2238 &fast_7608_2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2237 OF 2018 WITH CIVIL APPLICATION NO.2238 OF 2018 IN FIRST APPEAL (STAMP) NO.7608 OF 2018 Iffco Tokio Gen. Insurance Co. Ltd.

...Applicant/Appellant

Versus

Mukhtar Ahmed Mohd. Ali Shah and Anr.

...Respondents

.....

Ms Shalini Shakar for the Applicant in CAF/2237/2018 and CAF/2238/2018 and for the Appellant in FAST/7608/2018. Mr. T.J. Mendon for the Respondent No.1 in FAST/7608/2018 and CAF/2237/2018 and CAF/2238/2018.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED: 21st AUGUST, 2019.

P.C.:- ORDER IN CIVIL APPLICATION NO.2237 OF 2018:- Mr. T.J. Mendon, the learned counsel waives service of notice on behalf of the Respondent No.1. Issue notice to the Respondent No.2, returnable on 11/9/2019.

ORDER IN CIVIL APPLICATION NO.2238 OF 2018:- 2.

The learned counsel for the Applicant-Insurance Company submits that the entire compensation as per the judgment and award Megha 1/2

Megha 32_caf_2237,2238 &fast_7608_2018.doc dated 30th October, 2017 passed by the learned Commissioner for Employees Compensation at Mumbai in E.C.A. No.559/C-138/2014, has been deposited before the learned Commissioner for Employees Compensation at Mumbai. The original claimant does not dispute the said statement.

3.

In the light of above, the execution and implementation of the impugned judgment and award dated 30th October, 2017 in Claims Petition No.559/C-138/2014 is stayed till the disposal of the appeal. 4.

Civil application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.) Digitally signed by Megha Parab Date:

2019.08.26 16:17:04 +0530 Megha Parab Megha 2/2