Magma Hdi General Insurance Co. Ltd., Kolkata (W.B.) Thr. Its Authorised Officer v. Smt. Archana Wd/O Vasant Kawade And Others

919caf2910.18.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 2910/2018 IN FIRST APPEAL STAMP NO. 20982/2018 Magma HDI General Insurance Co. Ltd., through its Authorised Officer, Nagpur. Vs.

Smt Archana wd/o Vasant Kawade and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri Mahesh Vyas, counsel h/f Shri S.V. Jaiswal, counsel for the Applicant/Appellant.

CORAM: ARUN D. UPADHYE , J.

DATE: 08-02-2019.

Heard learned counsel for the applicant / appellant. None appears for the non-applicant / respondent Nos. 1 to 4. Non-applicant / respondent Nos. 5 and 6 are served.

Perused the application. There is delay of 42 days in filing the first appeal.

For the reasons stated in the application, delay is condoned. Civil application is allowed.

FIRST APPEAL STAMP NO. 20982/2018.

Heard.

Admit.

Call for record and proceedings.

919caf2910.18.odt 2 CIVIL APPLICATION (CAF) NO. 2911/2018 Heard.

Learned counsel for the applicant / appellant has submitted that in this matter, according to him part of the amount are deposited before the learned Tribunal and part of the amount deposited in this Court and prays that the execution of impugned order be stayed.

In view of the statement made by the learned counsel for the applicant /appellant the impugned judgment and award dated 24/04/2018 passed by the learned Chairman, Motor Accident Claims Tribunal, Gondia in C.P. No. 115/2013 is hereby stayed, until further orders. Civil application is allowed.

JUDGE rkn