Reliance General Insurance ... vs Pushpa Ramakant @ Ramesh Jadhav ...
2022 Latest Caselaw 4733 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2022.05.05
             13:26:52 +0530




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                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                              FIRST APPEAL (STAMP) NO.3625 OF 2022
                                                            ALONG WITH
                                         INTERIM APPLICATION (STAMP) NO.3637 OF 2022


                                   Reliance General Insurance Co. Ltd.       ]   ...          Appellant

                                                Vs.

                                   Pushpa Ramakant @ Ramesh Jadhav ]
                                   & Ors.                          ]             ...          Respondents

                                                                   ...
                                   Mr. Pandit Kasar for the appellant.
                                                                   ...

                                                           CORAM : SMT. BHARATI DANGRE, J.

                                                           DATED         : 04TH MAY, 2022.

                                   P.C. :-

INTERIM APPLICATION (STAMP) NO.3637 OF 2022

1. Heard the learned counsel Mr. Kasar for the applicant and perused the application, which seeks stay of the execution, operation and implementation of the impugned judgment and award dated 23/09/2021 passed by the Motor Accident Claims Tribunal, Nashik in M.A.C.P. No.1175 of 2016.

                                   AJN
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2. The appeal questions the impugned award on the ground that the earnings of the deceased, who is an agriculturist, has been wrongly computed by taking into consideration the fact that the Society had advanced a loan of Rs.10 lakhs to him and he has repaid some amounts. On this basis, his earnings, per year, has been accepted as Rs.16 lakhs and his net income is derived as Rs.4,80,000/- per year. Submitting that the Tribunal has adopted an erroneous approach, stay of the impugned judgment is sought.

3. Since the appeal deserves a consideration on this point, subject to the applicant depositing the entire amount of compensation awarded under the impugned judgment with interest computed upto 31/03/2022 before the Tribunal, within a period of eight weeks from today, there shall be stay to the impugned award.

4. The interim application is disposed off in the above terms.

FIRST APPEAL (STAMP) NO.3625 OF 2022

5. Issue notice to the respondents, making it returnable on 18/07/2022.

[SMT. BHARATI DANGRE, J.]

AJN