Bajaj Allianz Generalinsurance Company Ltd. v. Ebanezer Jabaseelan Rajagopal And ANR.

Chitra Sonawane 18-IA-484-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.484 OF 2021 IN FIRST APPEAL [STAMP]NO.94956 OF 2020 Bajaj Allianz General Insurance co. Ltd. ]...Applicant/Appellant. Vs.

Ebanezer Jabaseelan Rajagopal & Anr.

]...Respondents.

Mr.Sarthak Diwan for appellant.

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 3RD MARCH,2021.

P.C. :

1.

Heard Mr. Sarthak Diwan, the learned Counsel for the applicant/appellant.

2.

He prays for staying the execution of the impugned judgment and award passed by the MACT, Thane in MACP No.498 of 2016 dated 17th January 2020.

3.

He undertakes to deposit entire amount of compensation with accrued interest. Statement is accepted. In view of the statement made, there shall be ad-interim relief in terms of prayer clause (b) of the application.

4.

If the appellant fails to deposit the amount as above, ad-interim 1 / 2

Chitra Sonawane 18-IA-484-2021.doc relief shall stand vacated without further reference to the Court. 5.

The applicant shall intimate the factum of deposit of amount of compensation, to the respondent no.1/claimant within a week from the date of the deposit.

6.

After depositing the amount, the claimant is at liberty to withdraw 50% of the amount with accrued interest.

7.

The claimant shall give an Undertaking that in case, the appeal succeeds, he will refund the amount with interest, subject to the outcome of the appeal.

8.

The application stands disposed of.

(PRITHVIRAJ K.CHAVAN,J.) 2 / 2