The New India Assurance Co.Ltd. v. Smt.Nayanabai Balwant Bute And ORS.

P.H. Jayani 08(IV) CAF3334.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3334 OF 2017 IN FIRST APPEAL (ST.) NO. 18713 OF 2017 The New India Assurance Co. Ltd.

....Applicant V/s.

Nayanabai Balwant Bute & Ors.

....Respondents Ms. Poonam Mital for the applicant in CAF 3333/2017, CAF 3334/2017 and FAST 18713/2019 and for R.No.1 in CAF 434/2019.

Mr. Rajan S. Pawar for respondent nos.1 and 2 and for the applicant in CAF 934/2019.

Mr. Sudhir I. Nandode for R.No.3.

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 the impugned judgment and award dated 03/12/2016 passed by the District Judge-8 and Member, MACT, Nashik in MACP No.764/2013 wherein the Claims Tribunal has awarded compensation of Rs.5,00,000/- with interest @ 6% per annum herein from the date of petition till actual realization of the decreetal amount.

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P.H. Jayani 08(IV) CAF3334.17.doc 3.

Ms. Poonam Mital, learned counsel for the applicant / insurance company states that the applicant has deposited Rs.11,72,095/- before the MACT, Nashik which is inclusive of interest. The learned counsel for the respondent nos.1, 2 and 3 concedes that the applicant / insurance company has deposited the said amount. 4.

In the light of said statement, execution and implementation of the impugned judgment and award dated 03/12/2016 passed by the District Judge-8 and Member, MACT, Nashik in MACP No.764/2013 is stayed till the disposal of the appeal.

5.

Civil Application stands disposed of.

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