The New India Assurance Co Ltd Through Its Manager v. Smt Raubai Somnath Kasture Others

26ca3720.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 26 CIVIL APPLICATION NO. 3720 OF 2024 IN FAST/7859/2024 THE NEW INDIA ASSURANCE CO LTD THROUGH ITS MANAGER

VERSUS

SMT RAUBAI SOMNATH KASTURE OTHERS ...

Advocate for Applicant : Mr. Kulkarni Sudhir V. ...

CORAM : S. G. MEHARE, J.

DATE : 17th APRIL, 2024.

PER COURT :

1.

Issue notice to the respondents, returnable on 24.07.2024.

2.

Learned Counsel for the appellant submits that the learned tribunal did not consider the contributory negligence and incorrectly held the appellant responsible to pay the entire compensation.

Besides that the quantum is also exaggerated. Hence stay may be granted.

3.

Considering the submission and the grounds of

26ca3720.24 appeal there shall be interim stay to the execution and implementation of the impugned judgment and award till the next date on conditions that :

a) The applicant shall deposit entire amount of compensation with interest accrued thereon as per the impugned judgment and award within eight weeks from today.

b) There shall be no extension of time for depositing money of award.

c) If the compensation amount is not deposited in Court within aforesaid time the stay granted today will be vacated automatically. ( S. G. MEHARE ) JUDGE mahajansb/