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Bombay High CourtCAF/4041/2018

Shriram General Insurance Company Ltd. Through Legal Manager, Mr. Satpalsingh Rajput v. Smt. Kajal Babasaheb Jadhav And ORS.

2019-08-13Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 38 CAF4041.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4041 OF 2018 WITH CIVIL APPLICATION NO. 2200 OF 2019 IN FIRST APPEAL NO. 1159 OF 2018 Shriram General Insurance Co. Ltd.

....Applicant/Appellant V/s.

Kajal Babasaheb Jadhav and ors.

....Respondents WITH CIVIL APPLICATION (ST.) NO. 7924 OF 2019 IN FIRST APPEAL NO. 1159 OF 2018 Kajal Babasaheb Jadhav and ors.

....Applicants In the matter between :- Shriram General Insurance Co. Ltd.

....Appellant V/s.

Kajal Babasaheb Jadhav and ors.

....Respondents Mr. Rahul Mehta i/b. KMC Legal Venture for the applicant and for the respondent in CAFST/7924/2019.

Mr. Kuldeep U. Nikam for respondent nos.1 to 5 and for the applicant in CAFST/7924/2019.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 13th AUGUST, 2019 P.C.:- ORDER IN CIVIL APPLICATION NO. 4041 OF 2018 :- .

By this civil application, the applicant has sought stay of the execution and implementation of the impugned judgment and award dated 06/04/2018 passed by the learned Member, MACT, Sangli in MACP No.192/2016.

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P.H. Jayani 38 CAF4041.18.doc 2.

By the impugned judgment and award, the Claims Tribunal has awarded compensation of Rs.24,46,800/- with interest @ 9% p.a. from the date of the petition till final realization. 3.

The learned counsel for the applicant - insurance company states that the entire compensation along with the interest has been deposited before the Claims Tribunal, Sangli. The said statement is not controverted by the learned counsel for the respondents - original claimants.

4.

In the light of said statement, execution and implementation of the impugned judgment and award dated 06/04/2018 is stayed till the disposal of the appeal.

5.

Civil Application No.4041/2018 stands disposed of. ORDER IN CIVIL APPLICATION NO.2200/2019 :- 6.

The learned counsel for respondent nos.1 to 4 seeks time to file affidavit in reply to Civil Application No.2200/2019. To be filed in the registry within a period of two weeks with copy to the other side. 7.

Stand over to 03/09/2019.

Preeti H.

Jayani (SMT. ANUJA PRABHUDESSAI, J.) Preeti H. Jayani Date: 2019.08.21 13:01:41 +0530 2/2