Royal Sundram Alliance Insurance ... vs Akshaya Arun Gangavane (Minor) ...
2021 Latest Caselaw 3230 Bom

                                                                                            14-IA-ST-96904 OF 2020 .doc


                  Shailaja
                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                                 CIVIL APPELLATE JURISDICTION
                                     INTERIM APPLICATION [STAMP] NO.96904 OF 2020
                                                                              IN
                                                FIRST APPEAL [STAMP] NO.96896 OF 2020


                  Royal Sundaram Alliance Insurance                                   ]
                  Company Limited through its Manager                                 ]    Applicant
                                Vs.
                  Akshaya Arun Gangavane (minor)                                      ]
                  through her father and others.                                      ]    Respondents
                                                  .....
                  Mr. Nikhil Mehta i/b KMC Legal Venture, for Applicant.

                  None for Respondents.
                                                                             .....
                                                                           CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                                           DATE    : 18th FEBRUARY, 2021.

                  P.C.

1. This is an application seeking stay to the execution, implementation and operation of the Judgment and Award dated 30 th December, 2019 passed by the learned Member, M.A.C.T, Ratnagiri in M.A.C.P No.59 of 2016.

2. Heard Mr. Mehta, learned Counsel for the applicant.

3. It is contended that impugned Judgment and Award is ex-facie illegal and perverse in the sense that once the Tribunal has

1 of 2 Digitally signed by Shailaja S. Halkude Shailaja S. Halkude Date: 2021.02.20 17:54:33 +0530 14-IA-ST-96904 OF 2020 .doc

exonerated the applicant-original opponent No.5 which is insurer, it ought not to have saddled opponent No.5 with liability of compensation. Findings in the impugned award are self contradictory.

4. Learned Counsel for the applicant, on instructions, makes a statement that the applicant will deposit entire amount with accrued interest before M.A.C.T, Ratnagiri within four weeks.

5. In view of the statement made, there shall be ad-interim relief in terms of prayer clause (a).

6. If the applicant fails to deposit the amount as stated above within four weeks from today, ad-interim relief shall stand vacated, without further reference to the Court.

7. The application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

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