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Bombay High CourtCAF/1418/2018

Bajaj Allianz General Insurance Co.Ltd. v. Smt.Rukmini Pandurang Mahale And ORS.

2018-04-04Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 919 CAF1418.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1418 OF 2018 IN FIRST APPEAL (ST.) NO. 27451 OF 2017 Bajaj Allianz General Insurance Co. Ltd.

....Applicant V/s.

Smt. Rukmini Pandurang Mahale & Ors.

....Respondents Mr. Devendra S. Joshi for the applicant.

Mr. Rajan Pawar for R.Nos.1 to 3 and for the applicants in CAFST 10314/2018.

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 has sought stay of the execution of judgment and award dated 31st March, 2017 passed by the M.A.C.T., Nashik in M.A.C.P. No. 440 of 2008 wherein the Claims Tribunal has awarded compensation of Rs.21,75,000/- inclusive of no fault liability, with interest @ 8% per annum to the respondent nos.1 to 4 herein from the date of claim-petition till its realization and costs. 3.

Mr. Devendra S. Joshi, learned counsel for the applicant states that the applicant has deposited before the Claims Tribunal an amount

P.H. Jayani 919 CAF1418.18.doc of Rs.38,36,663/- on 15th February, 2018 which is inclusive of interest and the principal amount. Statement is accepted. 4.

In the light of said statement, execution of judgment and award dated 31st March, 2017 passed by the M.A.C.T., Nashik in M.A.C.P. No. 440 of 2008 is stayed till the disposal of the appeal on merits. 5.

Civil Application is disposed of.

(SMT. ANUJA PRABHUDESSAI, J.)