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Bombay High CourtCAF/3826/2017

The New India Assurance Company Limited Thane Division Office v. Shri.Amir Majidhusain Chaudhary And ANR.

2017-11-30Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

501&505.CAF1665 &3826_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1665 OF 2016 IN FIRST APPEAL (St.) No. 31852 OF 2015 a/w.

CIVIL APPLICATION NO. 3826 OF 2017 IN FIRST APPEAL (St.) No. 33222 OF 2017 The New India Assurance Co. Ltd.

... Applicant Vs.

Mr. Amir Majidhusa & Anr.

... Respondents Ms. Poonam Mital, Advocate for the applicant. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 30th November, 2017.

P.C.:

Upon mentioning, taken on production board.

2.

First Appeal (St.) No. 31852 of 2015 is filed against the order passed under section 140 of the Motor Vehicles Act, 1988. First Appeal (St.) No. 33222 of 2017 is filed against the judgment and award passed in the Application under section 166 of the M.V. Act. 3.

The learned counsel for the applicant submitted that the applicant/insurance company has deposited an amount of Rs.13,66,886/- on 6th October, 2017 towards the amount of 1 / 2

501&505.CAF1665 &3826_2017.doc compensation and hence prays to stay the judgment and order dated 18th January, 2014 and 24th October, 2016 passed by the learned Member, Motor Accident Claims Tribunal, Thane. 4.

In view of this submission, as the amount is deposited by the insurance company, the judgment and order dated 18th January, 2014 and 24th October, 2016 passed by the learned Member, Motor Accident Claims Tribunal, Thane in M.A.C.P. No. 462 of 2011 thereby granting compensation of Rs.9,25,000/- including NFL amount of Rs.50,000/- with interest @ 9% p.a. is stayed till the final hearing of the Appeal.

5.

Civil Applications are disposed of.

(MRIDULA BHATKAR, J.) 2 / 2