Reliance General Insurace Co. ... vs Mr. Vishwanath Subodh Chadhari ...
2017 Latest Caselaw 6198 Bom

Sherla V.



                                                                               caf.5.2016_14.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                      CIVIL APPLICATION NO.5 OF 2016
                                                    IN
                                     FIRST APPEAL ST. NO.2842 OF 2015

                                                  WITH
                                      CIVIL APPLICATION NO.6 OF 2016
                                                    IN
                                     FIRST APPEAL ST. NO.2842 OF 2015

            Reliance General Insurance Co. Ltd.                ... Applicant

                     Vs.

            Shri Vishwanath Subodh Chadhari & anr.             ... Respondent


            Ms.Deepika Prabhala i/b Res Juris for the Applicant
            Ms.Urmila Sanil for Respondent No.1

                                                   CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1. Civil Application No.5 of 2016 is for condonation of delay of 249

days in filing the First Appeal. Civil Application No.6 of 2016 is moved for

stay of the judgment and award dated 10.10.2013 passed by the learned

Member, Motor Accident Claims Tribunal, Mumbai, in MACP No.3424 of

2007.

2. Learned Counsel appearing for the insurance company seeks stay

of the impugned judgment and award as execution proceedings have

been taken out by the claimants. She submits that the amount of

caf.5.2016_14.doc

compensation of Rs.60,640/- plus interest @ 7.5% from the date of the

application will be deposited by the Insurance company within three

weeks.

3. In view of the above, issue notice to the respondents, returnable on

6.9.2017. Ms.Urmila Sanil, advocate, waives notice on behalf of

Respondent No.1. In addition, the learned advocate for the insurance

company may also serve the other respondent by private notice and file an

affidavit of service with acknowledgement on or before the returnable date.

4. In the meantime, ad-interim stay granted to the impugned judgment

and award dated 10.10.2013 passed by the learned Member, Motor

Accident Claims Tribunal, Mumbai, in M.A.C.P. No.3424 of 2007, subject

to the insurance company depositing in the Motor Accident Claims

Tribunal, Mumbai, the entire decretal amount alongwith interest

@ 7.5% p.a. within three weeks from today.

5. S.O. to 6.9.2017.

(MRIDULA BHATKAR, J.)