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Bombay High CourtCAF/3470/2017

The New India Assurance Co.Ltd.Thr.Mumbai Legal Hub, v. V.J.Vasanthi And ORS.

2019-02-06Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

P.H. Jayani 909(IV) CAF3470.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3470 OF 2017 IN FIRST APPEAL (ST.) NO. 27514 OF 2017 The New India Assurance Co. Ltd.

....Applicant V/s.

V.J. Vasanthi & Ors.

....Respondents Mr. D.S. Joshi for the applicant in CAF 3469/2017 and in CAF 3470/2017 and FAST 27514/17 and for the respondent in CAF 537/2019.

Mr. Haresh A. Shivdasani for respondent nos.1, 4, 5 and 6 and for the applicant in CAF 537/2019.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th FEBRUARY, 2019.

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 23/02/2017 passed by the Member, MACT, Mumbai in Claim Application No.1932 of 2009 wherein the Claims Tribunal has awarded compensation of Rs.1,29,23,000/- with interest @ 9% per annum from the date of application till realization of the amount.

3.

Mr. D.S. Doshi, learned counsel for the applicant / insurance 1/2

P.H. Jayani 909(IV) CAF3470.17.doc company states that the applicant has already deposited entire amount alongwith interest accrued thereon before the Claims Tribunal as per the judgment and award dated 23/02/2017. Statement is accepted. 4.

In the light of said statement, execution of judgment and award dated 23/02/2017 passed by the Member, MACT, Mumbai in Claim Application No.1932 of 2009 is stayed till the disposal of the appeal. 5.

Civil Application stands disposed of.

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