The New India Assurance Co. Ltd. v. Shri. Suresh Shankar Naik And ORS.

P.H. Jayani 06 CAF3589.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3589 OF 2015 IN FIRST APPEAL (ST.) NO. 19149 OF 2015 The New India Assurance Co. Ltd.

....Applicant V/s.

Suresh Shankar Naik & Ors.

....Respondents Mr. Misar for the applicant/appellant.

Mr. Jayant J. Bardeskar for respondent no.1.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED: 04th APRIL, 2018.

P.C.:

.

Heard the learned counsels for the respective parties. 2.

By this application, the applicant / insurance company has sought stay of the execution of judgment and award dated 16th March, 2015 passed by the Member, MACT, Kolhapur in MACP No. 279 of 2012 wherein the Claims Tribunal has awarded compensation of Rs.5,96,225/- inclusive of no fault liability, with interest @ 7% per annum to the respondent no.1 herein from the date of filing of petition, till its realization.

3.

Mr. Misar, learned counsel for the applicant/appellant states that the applicant / insurance company has already deposited before the

P.H. Jayani 06 CAF3589.15.doc MACT, Kolhapur an amount of Rs.6,55,865/- which is inclusive of interest and principal amount, as per the judgment and award. Statement is accepted.

4.

In the light of said statement, execution of judgment and award dated 16th March, 2015 passed by the Member, MACT, Kolhapur in MACP No. 279 of 2012 is stayed till the disposal of the appeal on merits.

5.

Civil Application stands disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)