The New India Assurance Co. Ltd. Through Mumbai Regional Office -I v. Smt. Laxmi Sambhaji Pawar And ORS.

Sherla V.

caf.3732.2015_909.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3732 OF 2015 IN FIRST APPEAL st. NO.28204 OF 2015 The New India Assurance Co. Ltd.

... Applicant Vs.

Smt.Laxmi Sambhaji Pawar & Ors.

... Respondents (org. Applicants) Mr.D.S. Joshi for the Applicant Mr.T.J. Mendon for Respondent Nos.1 to 6 CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 30th OCTOBER, 2015 P.C.:

1.

The learned Counsel for the insurance company prays for stay to the operation and implementation of the impugned judgment and award dated 27.3.2015 passed by the Motor Accident Claims Tribunal, Mumbai in MACP No.146 of 2009. By the impugned judgment, the Tribunal has granted compensation of Rs.17 lacs with interest @ 7.5% p.a. from the date of the application. The learned Counsel for the appellant/insurance company submits that the appellant is restricting the challenge in the appeal to Rs.8,80,000/-. However, the insurance company is ready to deposit the entire decretal amount alongwith interest accrued thereon, within a period of six weeks.

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caf.3732.2015_909.doc 2.

In view of the above, stay granted pending admission, to the operation and execution of the impugned judgement and award, subject to the applicant depositing in the MACT, Mumbai, the entire decretal amount alongwith interest accrued thereon, within a period of six weeks from today.

3.

The original applicant No.1 - widow i.e., the respondent No. herein, is allowed to withdraw Rs.1 lakh and the original applicant Nos.2 to 6 are allowed to withdraw Rs.50,000/- each. Applicant Nos.2 to 4 are allowed to withdraw through applicant No.1. The remaining amount to be invested in a fixed deposit of a nationalised bank. The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of appeal shall be transferred to the Motor Accident Claims Tribunal. 4.

Civil Application is disposed of accordingly. 5.

List the First Appeal for admission on 27.11.2015. (MRIDULA BHATKAR, J.) 2 / 2