Iffco Tokio General Insurance ... vs Master Mangesh Arun Kale Through ...
2022 Latest Caselaw 3486 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2022.04.01
             10:41:10 +0530




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                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                                CIVIL APPLICATION NO.1549 OF 2018
                                                                    IN
                                                      FIRST APPEAL NO.540 OF 2018


                                   IFFCO Tokio General Insurance Co. ]
                                   Ltd.                              ]         ...          Applicant

                                                Vs.

                                   Mangesh Arun Kale Through his ]
                                   Mother & Natural Guardian.    ]              ...        Respondent


                                                                   ...
                                   Mr. Vikrant V. Parashurami for the applicant.
                                                                   ...

                                                            CORAM : SMT. BHARATI DANGRE, J.

                                                            DATED        : 30TH MARCH, 2022.

                                   P.C. :-

                                                   CIVIL APPLICATION NO.1549 OF 2018

1. By the present application, the applicant/Insurance Company seeks stay to the impugned judgment passed by the M.A.C.T., Mumbai in M.A.C.P. No.226 of 2011.

                                   AJN
                                2/2             03 CAF-1549.18.odt

2. Heard the learned counsel for the applicant, who would submit that the company has a good case on merits since the cover note which was issued, was valid from 16/04/2010 to 16/06/2010 and since it was granted for a limited period of 60 days, the liability of the insurer, when the vehicle met with an accident after its expiry, is not sustainable. It is also argued that the said cover note is fraudulent. By making a statement that the applicant has a good case on merits, the stay is sought of the impugned judgment.

3. Subject to the condition that the applicant shall deposit the entire amount of compensation awarded under the impugned judgment along with interest payable till 31/03/2022 before the MACT, within three weeks from today, there shall be stay to the effect and operation of the judgment and award impugned in the present appeal.

FIRST APPEAL NO.540 OF 2018

4. Issue notice to the respondents, making it returnable on 27/06/2022.

[SMT. BHARATI DANGRE, J.]

AJN