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Bombay High CourtCAF/2865/2012

Icici Lombard General Insurance Company Ltd v. Smt. Vaishali Devenaand Dhole...

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

P.H. Jayani 10 CAF2865.12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2865 OF 2012 IN FIRST APPEAL NO. 935 OF 2016 WITH FIRST APPEAL NO. 935 OF 2016 ICICI Lombard General Insurance Co. Ltd.

....Applicant/Appellant V/s.

Vaishali Devanaand Dhole and ors.

....Respondents Mr. Rahul Mehta i/b. KMC Legal Venture for the applicant in CAF/2865/2012 and for the appellant in FA/935/2016 and for the respondent in CAF/4204/2015.

Ms. Rina Kundu for respondent nos.1, 2, 4 and 5 and for the applicant in CAF/4204/2015.

CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 13th AUGUST, 2019 P.C.:- ORDER IN CIVIL APPLICATION NO. 2865/2012 :- 1.

The applicant herein has sought stay of the execution of the impugned judgment and award dated 04/10/2011 passed by the learned Member, MACT, Thane in MACP No.945/2007. 2.

By the impugned judgment, the Claims Tribunal has awarded compensation of Rs.12,95,000/- with interest @ 7.5% from the date of petition till realization of amount.

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P.H. Jayani 10 CAF2865.12.doc 3.

Mr. Rahul Mehta, the learned counsel for the applicant - insurance company states that pursuant to the order dated 07/09/2012, the applicant has deposited the entire compensation as per the impugned judgment and award before the Claims Tribunal, Thane. The said statement is not controverted by the learned counsel for the respondents.

4.

In the light of said statement, execution of the impugned judgment and award dated 04/10/2011 passed by the learned Member, MACT, Thane in MACP No.945/2007 is stayed till the disposal of the appeal.

5.

Civil Application No.2865 of 2012 stands disposed of. ORDER IN FIRST APPEAL NO. 935 OF 2016 :- 6.

Compilation of documents, if any, to be filed in the registry within a period of one week with copy to the other side. 7.

Place the Appeal with Civil Application No.4204/2015 on 23/08/2019.

Preeti H.

Jayani (SMT. ANUJA PRABHUDESSAI, J.) Preeti H. Jayani Date: 2019.08.21 15:12:42 +0530 2/2