The New India Assurance Co. Ltd. Through Mumbai Legal Hub v. Seema Mukesh Gupta And ORS.

P.H. Jayani 12 CAF197.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 197 OF 2017 IN FIRST APPEAL (ST.) NO. 18067 OF 2016 The New India Assurance Co. Ltd.

....Applicant V/s.

Seema Mukesh Gupta & Ors.

....Respondents Mr. Sanjay Krishna i/b. Sandip S. Jinsiwale for the applicant. Mr. Y.G. Thorat i/b. A.B. Tajane for respondent nos.1 to 3. 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 has sought stay of the execution of judgment and award dated 23rd October, 2015 passed by the Member, MACT, Mumbai in MACP No. 1436 of 2013 wherein the Claims Tribunal has awarded compensation of Rs.9,23,000/- inclusive of no fault liability, with interest @ 7.5% per annum to the respondent nos.1 to 3 herein from the date of application till actual realization. 3.

Mr. Sanjay Krishna, learned counsel for the applicant states that the applicant / insurance company has already deposited before the Claims Tribunal an amount of Rs.12,19,548/- which is inclusive of

P.H. Jayani 12 CAF197.17.doc interest. Statement is accepted.

4.

In the light of said statement, execution of judgment and award dated 23rd October, 2015 passed by the Member, MACT, Mumbai in MACP No. 1436 of 2013 is stayed till the disposal of the appeal. 5.

Civil Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)