The New India Assurance Co Ltd., Thane v. Rupa Mahesh Sonkamble And ORS.

521 -i-ia-18587-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 18587 OF 2022 IN FIRST APPEAL (ST) NO. 23746 OF 2022 The New India Assurance Company Ltd.

..Applicant v/s.

Rupa Mahesh Sonkamble & Ors.

..Respondents Ms. Poonam Mittal for the Applicant .

Mr. Y.M.Pendse for the Respondent Nos.1, 2 and 4. CORAM : ANUJA PRABHUDESSAI, J.

DATED : 4th OCTOBER, 2022.

P.C.

1.

Not on board, upon praecipe being filed, taken on board. 2.

By this application, the Applicant has sought stay to the execution and implementation of the impugned judgment and award dated 7th October, 2021 passed by the MACT, Kalyan in MACP No.216 of 2015. 3.

Learned Counsel for the Applicant states that pursuant to the warrant of attachment issued by the Executing Court, the Appellant has deposited the entire compensation before the Claim Tribunal, as per the impugned Judgment and Award.

4.

In the light of the said statement, execution and implementation of the of the impugned Judgment and Award is stayed pending final by PRASANNA P SALGAONKAR Date:

2022.10.10 19:23:03 +0530 hearing of the appeal.

PRASANNA P SALGAONKAR P P SALGAONKAR

521 -i-ia-18587-22.doc 5.

20% of the compensation deposited by the Appellant Insurance Company be paid to the Respondent No.1 Rupa Mahesh Sonkamble with proportionate interest accrued thereon. 10% of the compensation with proportionate interest accrued thereon be paid to Respondent No.4Meera Shivaji Sonkamble. Since the Respondent No.2 is minor, I am not inclined to allow withdrawal at this stage. 6.

Civil Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) P P SALGAONKAR