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Bombay High CourtCAF/2785/2017disposed off

The Oriental Insurance Co.Ltd.Insurar Of Motor Tanker Of Mh-04 -Bg-3822 v. Smt.Anitabai Roopsingh Chavan And ANR.

2017-11-01Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

caf.2785.2017_516.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2785 OF 2017 IN FIRST APPEAL st. NO.8016 OF 2017 The Oriental Insurance Co. Ltd.

... Applicant Vs.

Anitabai Roopsingh Chavan & anr ... Respondents Ms.Poonam Mittal for the Applicant/Appellant Ms.Rina Kundu for Respondent No.1 CORAM: MRS.MRIDULA BHATKAR, J.

DATE: NOVEMBER 1, 2017 P.C.:

1.

Upon urgent mentioning, taken on Production Board. 2.

By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 26.2.2016 passed by the Motor Accident Claims Tribunal, Thane, in MACP No.243 of 2010, as execution proceedings are moved against the insurance company. The learned Counsel for the applicant/appellant submits that the insurance company has already deposited the entire decretal amount alongwith interest accrued thereon.

1 / 2

caf.2785.2017_516.doc 3.

In view of the above, the operation and execution of the impugned judgement and award is stayed pending appeal. The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of appeal shall be transferred to the Motor Accident Claims Tribunal.

4.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2