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Bombay High CourtCAF/36/2025disposed off

The New India Assurance Company Limited. Through Its Kolhapur Divisional Manager v. Smt.Rupali Shernik Kumbhoje And ORS.

2017-12-20National Lok Adalat , Hon'Ble Smt. Justice S.S. Jadhav2 pages

512.CAF4167_2017.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 4167 OF 2017 WITH CIVIL APPLICATION (St.) NO. 20070 OF 2017 IN FIRST APPEAL (ST.) NO. 20065 OF 2017 The New India Assurance Co. Ltd.

... Applicant Vs.

Smt. Rupali Shrenik Kumbhoje & Ors.

... Respondents Ms. Shalini Shankar, Advocate for the applicant. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 20th December, 2017.

P.C.:

Upon mentioning, taken on production board.

2.

Civil Application No. 4167 of 2017 is filed for condonation of delay of 68 days in preferring the appeal. Issue notice to the respondents, returnable on 28th February, 2018. CIVIL APPLICATION (St.) NO. 20070 OF 2017 3.

By this Civil Application, the applicant/insurance company seeks stay to the execution and implementation of the impugned judgment and award dated 26th December, 2016 passed by the learned Member, Motor Accident Claims Tribunal, Jaysingpur in 1 / 2

512.CAF4167_2017.doc M.A.C.P. No. 89 of 2012.

4.

The learned Counsel for the applicant submitted that the applicant has deposited the entire decretal amount along with interest accrued thereon. She produced the receipt of payment. Hence prays for stay of the impugned judgment and award. 5.

The receipt of payment is taken on record and marked as Exhibit A. In view of this, as the entire amount of compensation is deposited by the insurance company, the impugned judgment and award is stayed till the final disposal of the Appeal. 6.

Civil Application (St.) No. 20070 of 2017 is allowed and is accordingly disposed of.

(MRIDULA BHATKAR, J.) 2 / 2