Iffco Tokio General Insurance ... vs Narayan Ganu Alam And Ors
2022 Latest Caselaw 4497 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                      FIRST APPEAL NO.379 OF 2022
                                   WITH
            INTERIM APPLICATION (ST) NO.6515 OF 2022


IFFCO TOKIO General               Insurance   ..     Appellant
Company, Thane

                       Versus

Narayan Ganu Alam & Ors.                      ..     Respondents


                                       ...

Mr.Sarthak S. Diwan for the Appellant/Applicant.
                                       ...

                          CORAM: BHARATI DANGRE, J.

DATED : 27th APRIL, 2022

P.C:-

INTERIM APPLICATION (ST) NO.6515 OF 2022

1. By the present application, the applicant seeks stay of the impugned Judgment delivered by the M.A.C.T. Kalyan in M.A.C.P.No.224 of 2009.

2. Heard the learned counsel Mr.Diwan for the Applicant and perused the application.

He would submit that the appellant has a good case on merits, as the Tribunal has failed to consider the contributory

M.M.Salgaonkar

2/2 20 FA-379-22.doc

negligence of the claimant and has held the Insurance Company liable to pay the entire amount of compensation. He makes a statement, on instructions, that the appellant is ready to deposit the entire amount of compensation alongwith the interest payable, calculated upto 31/03/2022, within a period of eight (8) weeks from today.

Subject to the aforesaid deposit, there shall be stay to the effect and operation of the impugned judgment.

FIRST APPEAL NO.379 OF 2022

3. Issue notice to the respondents, making it returnable on 11/07/2022.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar