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Bombay High CourtCAF/2988/2017

The New India Assurance Co.Ltd.Alibag Divisional Office v. Shri.Rajesh Parshuram Vidhate And ANR.

2018-04-18Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 15 CAF2988.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2988 OF 2017 IN FIRST APPEAL NO. 1071 OF 2017 The New India Assurance Co. Ltd.

....Applicant V/s.

Mr. Rajesh Parshuram Vidhate & Anr.

...Respondents

Mr. Sanjay Krishnan i/b. Mr. D.S. Joshi for the appellant/applicant. Mr. Rohan Darandale for R.No.1 & for applicant in CAF 1142/18. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 18th APRIL, 2018.

P.C.:

.

Heard the learned counsels for the respective parties. 2.

By this application, the applicant / insurance company has sought stay of the execution of judgment and award dated 22nd October, 2016 passed by the District Judge-2 & Ex-Officio Member, MACT, RaigadAlibag in MACP No. 268 of 2013 wherein the Claims Tribunal has awarded compensation of Rs.11,47,678/- inclusive of no fault liability, with interest @ 9% per annum to the respondent no.1 herein from the date of application till realisation of the amount. 3.

Mr. Sanjay Krishnan, learned counsel for the applicant states that

P.H. Jayani 15 CAF2988.17.doc the the applicant / insurance company has already deposited entire amount alongwith interest accrued thereon before the Claims Tribunal. Statement is accepted.

4.

In the light of said statement, execution of judgment and award dated 22nd October, 2016 passed by the District Judge-2 & Ex-Officio Member, MACT, Raigad-Alibag in MACP No.268 of 2013 is stayed till the disposal of the appeal.

5.

Civil Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)