The Manager The New India Assurance Co.Ltd. v. Smt.Shabana Samir Shaikh And ORS.

P.H. Jayani 17(II) CAF3383.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3383 OF 2017 IN FIRST APPEAL (ST.) NO. 11887 OF 2017 The Manager, The New India Assurance Co. Ltd.

....Applicant V/s.

Shabana Samir Shaikh & Ors.

....Respondents Mr. Sudhakar Pandaram I/b. Milind V. More for the applicant in CAF 3382/2017, CAF 3383/2017 and in FAST 11887/2017 and for R.No.1 in CAFST 8212/2018.

Mr. S.G. Thorat for R.Nos.1, 2, 4 and 5 and for applicant in CAFST 8212/2018.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 01st MARCH, 2019.

P.C.:

.

By this application, the applicant / insurance company has sought stay of the execution and implementation of impugned judgment and award dated 17/11/2016 passed by the District Judge­3 and Member, MACT, Sangli in MACP No.136/2008 wherein the Claims Tribunal has awarded compensation of Rs.15,02,000/­ inclusive of no fault liability with interest @ 9% per annum herein from the date of petition till realization of the entire amount.

2.

Mr. Sudhakar Pandaram, learned counsel for the applicant / insurance company states that the applicant has already deposited 1/2

P.H. Jayani 17(II) CAF3383.17.doc entire amount before the MACT, Sangli as per the judgment and award dated 17/11/2016. This statement is not disputed by the learned counsel for the respondent.

3.

In the light of said statement, execution and implementation of impugned judgment and award dated 17/11/2016 passed by the District Judge­3 and Member, MACT, Sangli in MACP No.136/2008 is stayed till the disposal of the appeal. Statutory amount of Rs.25,000/­ deposited before this Court be transferred to MACT, Sangli. 4.

Civil Application stands disposed of.

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