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Bombay High Court

The New India Assurance Co. Ltd. Through ... vs Smt. Gulabbai Gurunath Gaikar And Ors on 8 March, 2019

Author: Anuja Prabhudessai

Bench: Anuja Prabhudessai

                                                                 15 -i-caf 2596- 16 .doc


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                      CIVIL APPLICATION NO. 2596 OF 2016
                                      IN
                         FIRST APPEAL NO. 1000 OF 2016

      The New India Assurance Co. Ltd.                            ..Applicants

                     v/s.

      Smt. Gulabbai G. Gaikar & Ors.                              ..Respondents

      Mr. D.S.Joshi for the Applicants/Appellants.
      Mr. S.V.Sonawane a/w. Krisha Singh for the Respondent-Insurance
      Co.

                                      CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 08th MARCH, 2019.

P.C.

1. Not on board, at the request of the parties, taken on board.

2. By this application, the applicant-Original Claimants have sought to stay the execution and implementation of the judgment and award dated 16th December, 2015 in MACP 101 of 2010, passed by the MACT Kalyan.

3. By the impugned judgment the Claims Tribunal, has awarded compensation of Rs.23,91,877/- with interest at the rate of 9% per anum from the date of application till realization.

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4. The learned Counsel for the applicant-Insurance Company submits that the Insurance Company has deposited the entire decreetal amount inclusive of interest before the Claims Tribunal. The said statement is not disputed by the learned Counsel for the respondent/original claimants.

5. In the light of the said statement, execution and implementation of the impugned judgment is stayed till the disposal of the appeal.

6. Civil Application stands disposed of.




                                                  (ANUJA PRABHUDESSAI, J.)




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