The New India Assurance Co Ltd v. Mr. Raj Mohinder Pal Verma S/O. Desondhi -Ram And ORS.

P.H. Jayani 40(II) CAF819.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.819 OF 2015 IN FIRST APPEAL (ST.) NO. 26538 OF 2014 The New India Assurance Co. Ltd.

....Applicant V/s.

Raj Mohinder Pal Verma & Ors.

....Respondents Mr. Avinash Gokhale for the appellant in FA 928/2014 and for respondent nos.1 to 3 in CAF 819/2015, CAF 1637/2016, CAF 4413/2014 and for applicant in CAF 1636/2016. Mr. D.R. Mahadik for the applicant in CAF 819/2015 in CAF 1637/2016, CAF 4413/14 and for the appellant in FAST 26358/2014 and for R.No.2 in FA 928/2014. CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 27th FEBRUARY, 2019.

P.C.:

.

By this application, the applicant / insurance company has sought stay of the execution of judgment and award dated 04/12/2013 passed by the Member, MACT, Mumbai in Application No.3241 of 2006 wherein the Claims Tribunal has awarded compensation of Rs.30,28,600/- inclusive of no fault liability with interest @ 7.5% per annum from the date of filing of the petition till realization of the amount.

2.

Mr. D.R. Mahadik, learned counsel for the applicant submits that 1/2

P.H. Jayani 40(II) CAF819.15.doc the applicant has already deposited the entire amount as per the judgment and award. The said statement is not disputed by the learned counsel for the respondent nos.1 to 3. Statement is accepted. 3.

In the light of above statement, execution and implementation of the judgment and award dated 04/12/2013 passed by the Member, MACT, Mumbai in Application No.3241 of 2006 is stayed till the disposal of the appeal.

4.

Civil Application stands disposed of.

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