Shriram General Insurance ... vs Ravindra Shankar Chavan ...
2023 Latest Caselaw 7539 Bom

                                                                 903-IA-13837-2023.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO.13837 OF 2023
                                     IN
                         FIRST APPEAL NO.770 OF 2023
                                    WITH
                         FIRST APPEAL NO.770 OF 2023

 SHRIRAM GENERAL INSURANCE CO. LTD.                         )...APPLICANT

          V/s.

 RAVINDRA SHANKAR CHAVAN (UNCONSCIOUS))
 THR.NEXT FRIEND AND WIFE RASIKA CHAVAN )
 AND ANOTHER                            )...RESPONDENTS

 Mr.Pandit Kasar, Advocate for the Applicant.


                                   CORAM      :    ABHAY AHUJA, J.

                                   DATE       :    27th JULY 2023

 P.C. :

1. This is an Interim Application seeking stay to the execution of the

judgment and award dated 30th January 2023 passed by Motor

Accident Claims Tribunal, Mumbai in Motor Accident Claim Petition

No.2042 of 2017.

2. Mr.Kasar would submit that this is an Appeal impugning the said

judgment and award inter alia on the ground that although the

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903-IA-13837-2023.doc

disability certificate indicates 45% permanent disability, however, the

Tribunal has considered the same as 100% occupational disability. He

submits that Insurance Company is, therefore, aggrieved by the said

decision.

3. Mr.Kasar also submits that there is no delay in filing the Appeal.

4. Having heard the learned Counsel and having perused the

application and the impugned judgment and award, issue notice to the

Respondents, returnable on 31st August 2023.

5. In the meanwhile, let there be a stay on execution of the

impugned judgment and award dated 30 th January 2023, subject to

deposit of the entire decretal amount within a period of four weeks.

6. List on 31st August 2023.

                                          (ABHAY AHUJA, J.)




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