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Bombay High CourtCAF/3526/2017allowed

The Manager Pune Mahanagar Parivahan Mahamandal Ltd. v. Mrs. Anjana Y. Zagade And ANR.

2019-03-06Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 09(III) CAF3526.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3526 OF 2017 IN FIRST APPEAL (ST.) NO. 6513 OF 2017 The Manager, Pune Mahanagar Parivahan ....Applicant V/s.

Anjana Y. Zagade & Anr.

....Respondents Mr. Parag V. Dube for the applicant in CAF 3525/2017, CAF 3526/2017 and in FAST 6513/2017 and for R.No.1 in CAFST 2731/2018.

Mr. Yuvraj P. Narvankar for R.No.1 and for the applicant in CAFST 2731/2018.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th MARCH, 2019.

P.C.:

.

Heard the learned counsels for the respective parties. 2.

By this application, the applicant / insurance company has sought stay of the execution and implementation of judgment and award dated 08/10/2015 passed by the Addl. Member, MACT, Pune in MACP No.528 of 2009 wherein the Claims Tribunal has awarded compensation of Rs.11,55,410/- inclusive of no fault liability with interest @ 9% per annum herein from the date of institution of the application till its realization.

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P.H. Jayani 09(III) CAF3526.17.doc 3.

Mr. Parag Dube, learned counsel for the applicant / insurance company states that the applicant has already deposited entire amount inclusive of interest before the MACT, Pune as per the judgment and award dated 08/10/2015. The learned counsel for the respondent does not dispute the said statement.

4.

In the light of said statement, execution and implementation of judgment and award dated 08/10/2015 passed by the Addl. Member, MACT, Pune in MACP No.528 of 2009 is stayed till the disposal of the appeal.

5.

Civil Application stands disposed of.

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