National Insurance Company Ltd. Mumbai Regional Office 3 v. Smt.Kamalbai Raghunath Korade And ORS.

P.H. Jayani 911(III) CAF4080.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4080 OF 2017 IN FIRST APPEAL (ST.) NO. 32437 OF 2017 National Insurance Co. Ltd.

....Applicant V/s.

Kamalbai Raghunath Korade & Ors.

....Respondents Mr. Amol Gatne for the applicant in CAF 4079/2017 and CAF 4080/2017 and for appellant in FAST 32437/2017 and for respondent in CAF 532/2019.

Mr. Rahul Motkari for the applicant in CAA 532/2019 and for R.Nos.1 to 5 in CAF 4079/2017 and CAF 4080/2017 and FAST 32437/2017.

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 04/08/2016 passed by the Member, MACT, Niphad in MACP No.114 of 2009 wherein the Claims Tribunal has awarded compensation of Rs.14,28,000/- with interest @ 7% per annum from the date of filing of petition till realization of the amount.

3.

Mr. Amol Gatne, learned counsel for the applicant / insurance 1/2

P.H. Jayani 911(III) CAF4080.17.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 04/08/2016. Statement is accepted. 4.

In the light of said statement, execution of judgment and award dated 04/08/2016 passed by the Member, MACT, Niphad, Nashik in MACP No.114 of 2009 is stayed till the disposal of the appeal. 5.

Civil Application stands disposed of.

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