Royal Sundaram Alliance Insurance Company Limited Through Its Manager v. Prashant Prakash Rasal And ORS.

13-IA-282-2021.doc Shailaja

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.282 OF 2021 IN FIRST APPEAL [STAMP] NO.96939 OF 2020 Royal Sundaram Alliance Insurance ] Company Limited through it's ] Manager ] Applicant Vs.

Prashant Prakash Rasal and others. ] Respondents .....

Mr. Nikhil Mehta i/b KMC Legal Venture, for Applicant. None for the Respondents.

.....

CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 18th FEBRUARY, 2021.

P.C.

1.

This is an application seeking stay to the execution, implementation and operation of the Judgment and Award dated 18th December, 2019 passed by the learned Chairman, M.A.C.T, Ratnagiri in M.A.C.P No.61 of 2016.

2.

Heard Mr. Mehta, learned Counsel for the applicant. 3.

It is contended that impugned Judgment and Award is ex-facie illegal and perverse in the sense that once the Tribunal has Shailaja S. Halkude Date: 2021.02.20 17:54:33 +0530

13-IA-282-2021.doc exonerated the appellant-original opponent No.4 which is insurer, it ought not to have saddled opponent No.4 with liability of compensation. Findings in the impugned award are self contradictory.

4.

Learned Counsel for the applicant, on instructions, makes a statement that the applicant will deposit entire amount with accrued interest before M.A.C.T, Ratnagiri within four weeks. 5.

In view of the statement made, there shall be ad-interim relief in terms of prayer clause (a).

6.

If the applicant fails to deposit the amount as stated above, ad-interim relief shall stand vacated automatically, without further reference to the Court.

7.

The application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]