Bajaj Allianz General Insurance Company Limited v. Mr.Jayprakash Baburao Patil And ORS

P.H. Jayani 915(II) CAF1627.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1627 OF 2018 IN FIRST APPEAL NO. 554 OF 2018 Bajaj Alliance General Insurance Co. Ltd.

....Appellant V/s.

Jayprakash Baburao Patil & Ors.

....Respondents Mr. Sarthak S. Diwan for the appellant in FA 554/18 and and CAF 1627/2018 for the respondent in CAFST 36023/2018. Mr. Tejas Pawar i/b. Mr. Bhushan Walimbe for R.Nos.1 to 3 and for the appellant in CAFST 36023/2018.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 06th FEBRUARY, 2019.

P.C.:

.

By this application, the applicant / insurance company has sought stay of the execution and implementation of the impugned judgment and award dated 06/11/2017 passed by the Chairman, Motor Accident Claims Tribunal, Kolhapur in M.A.C.P. No.270/2015 wherein the Claims Tribunal has awarded compensation of Rs.5,82,000/­ (inclusive of N.F.L. amount of Rs.50,000/­) with interest @ 9% per annum from the date of application till realisation.

2.

Mr. Sarthak Diwan, learned counsel for the applicant / insurance company submits that the applicant has already deposited the entire 1/2

P.H. Jayani 915(II) CAF1627.18.doc amount before the Claims Tribunal as per the judgment and award. Statement is accepted.

3.

In the light of said statement, execution and implementation of the impugned judgment and award dated 06/11/2017 passed by the Chairman, Motor Accident Claims Tribunal, Kolhapur in M.A.C.P. No.270/2015 is stayed till the final disposal of the Appeal. 4.

Civil Application stands disposed of.

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