Reliance General Insurace Co. ... vs Mrs. Fulabai Bhimrao Galfade And ...
2017 Latest Caselaw 6320 Bom

Sherla V.
                    This Order is modified/corrected by Speaking to Minutes Order dated 08/11/2017

                                                                                        caf.343.2016+_20.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                     CIVIL APPLICATION NO.343 OF 2016
                                                    IN
                                     FIRST APPEAL ST. NO.2836 OF 2015

                                                  WITH
                                     CIVIL APPLICATION NO.344 OF 2016
                                                    IN
                                     FIRST APPEAL ST. NO.2836 OF 2015

            ICICI Lombard General Insurance Co. Ltd.                                 ... Applicant

                     Vs.

            Fulabai Bhimrao Galfade & 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.2838 of 2015 is for condonation of delay of 249

days in filing the First Appeal. Civil Application No.2839 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.3425 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

This Order is modified/corrected by Speaking to Minutes Order dated 08/11/2017

caf.343.2016+_20.doc

compensation of Rs.58,500/- 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 view of the above, 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.3425 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.)