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Bombay High CourtCAF/3762/2017disposed off

The New India Assurance Co. Ltd. Through Its Legal Hub v. Smt.Bina Rajan Desai

2017-11-28Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Trupti p511-caf-3762-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1305 OF 2017 WITH CIVIL APPLICATION NO. 3762 OF 2017 IN FIRST APPEAL NO. 1305 OF 2017 The New India Assurance Co. Ltd.

...Applicant

Versus

Smt. Bina Rajan Desai

...Respondent

......

Ms. Poonam Mital for the Applicant.

......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

NOVEMBER 28, 2017 P.C. :

1.

Upon urgent mentioning, taken on Production Board. 2.

By this Civil Application, the applicant/insurance company seeks stay to the execution and implementation of the impugned judgment and award dated 27th July, 2017 passed by the learned Member, Motor Accident Claims Tribunal, Mumbai, in M.A.C.P. No. 461 of 2013. The learned Member of the tribunal has granted compensation of Rs. 25,65,000/- alongwith interest @7.5% p.a.

Trupti p511-caf-3762-17.doc 3.

The learned Counsel for the applicant submits that the applicant/insurance company has deposited the entire decretal amount alongwith interest accrued thereon.

4.

In view of this submission, the execution and implementation of the impugned judgment and award is stayed till the final disposal of the Appeal.

5.

Civil Application is allowed and is accordingly disposed of. 6.

Place the First Appeal for admission on 23rd January, 2018. (MRIDULA BHATKAR, J.)