The New India Assurance Co. Ltd. v. Kumar Ayyan Abdul Ajij Kanekar His Natural Guardin Is Mother Sou. Nasima Abdul Ajij Kanekar

37 caf 3839-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3839 OF 2015 IN FIRST APPEAL NO. 379 OF 2016 WITH FIRST APPEAL NO. 379 OF 2016 The New India Assurance Co. Ltd ..Applicant/Appellant v/s.

Kumar Ayyan Abdul Ajij Kanekar through Natural Guardian ..Respondents Mr. D.R.Mahadik for the Appellant Ms. Tanvi Kamat Deosthale I/b. Mandar Limaye for the Respondent No.2 CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 14th AUGUST, 2019.

P.C.

1.

By this application, the applicant has sought stay to the execution and implementation of the judgment and award dated 31.07.2014 passed by the MACT, Khed in MACP No.09 of 2011. 2.

By the impugned judgment and award, the Claims Tribunal has awarded compensation of Rs.1,85,068/­ with interest @ 6 % per anum on the amount of Rs.1,50,000/­ from the date of petition till pps

37 caf 3839-15.doc final realization.

3.

The learned Counsel for the Appellant­Insurance Company submits that the entire amount as per the impugned award along with interest has been deposited before the Tribunal. 4.

In the light of above, execution of judgment and award dated 31.07.2014 passed by the MACT, Khed in MACP No.09 of 2011 is stayed till the disposal of the appeal.

5.

Civil Application stands disposed of.

FIRST APPEAL NO.379 OF 2016 6.

Having heard the learned Counsel for the respective parties, in my considered view, arguable points are raised. Hence admit. 7.

Ms. Kamat the learned Counsel for the respondent no.2 waives service. Issue notice to the respondent nos.1 and 3. The appellant to file private paper book within one year from today with copy to the other side.

8.

Printing dispensed with.

9.

Registry to call for the record and proceedings. by Prasanna P.

Salgaonkar Date:

2019.08.21 13:28:09 +0530 Prasanna P.

Salgaonkar (ANUJA PRABHUDESSAI, J.) pps