The New India Assurance Co. Ltd., Nagpur Through Its Duly Constituted Attorney v. Smt. Anusaya W/O Shankar Munjewar And Others

caf.4515.17 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION [CAF] NO.4515 OF 2017 IN FIRST APPEAL STAMP NO.22898 OF 2017 (The New India Assurance Company Ltd.

vs.

Smt. Anusaya w/o Shankar Manjewar and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: P.N. DESHMUKH, J.

DATE : 23 rd NOVEMBER, 2017.

Heard Shri Prashant Thakare, learned Counsel for the applicant-appellant.

Issue notice to the respondents, returnable on 21st December, 2017.

Civil Application [CAF] No.4516/2017 :

This application is for grant of stay to the effect and operation of impugned judgment and award dated 20/06/2017 passed by the learned Member, Motor Accident Claims Tribunal, Amravati in M.A.C.P. No.81/2012.

The learned Counsel for appellant-insurance company has submitted that the driver of vehicle involved in the accident was not possessing any driving licence and in spite of appellant bringing substantial evidence to this effect on record, the learned Member of the Tribunal had not perused the same

caf.4515.17 2/2 and had imposed liability for payment of compensation on the insurance company. Contents of paragraph 3 of the impugned judgment to some extent substantiate the submission as aforesaid.

In that view of the matter, there shall be stay to the effect and operation of the judgment of the Tribunal passed in M.A.C.P. No.81/2012 on 20/06/2017, subject to appellant's depositing 50% of the amount as awarded within three weeks from today.

Civil application is allowed and disposed of as aforesaid.

JUDGE *sdw