The Oriental Insurance Company ... vs Kunjal Jitendra Joshi
2021 Latest Caselaw 928 Guj

          C/FA/6052/2019                                        ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 6052 of 2019

                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                  In R/FIRST APPEAL NO. 6052 of 2019
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                THE ORIENTAL INSURANCE COMPANY LTD
                                Versus
                       KUNJAL JITENDRA JOSHI
==========================================================
Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
for the Defendant(s) No. 2,3
MR HARDIK H DAVE(6295) for the Defendant(s) No. 1
MR RATHIN P RAVAL(5013) for the Defendant(s) No. 4
MR VILAV K BHATIA(5338) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                              Date : 20/01/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

ORDER IN FIRST APPEAL Heard learned advocate Mr. Maulik Shelat for the appellant, learned advcoate Mr. Vilav Bhatia for the respondent No.1 and learned advocate Mr. Rathin Raval for the respondent No.4.

It was stated that the First Appeal Nos.1850 and 1851 of 2019 which are against the impugned judgment and award preferred by the respondent No.4 herein have been admitted. Since the cognate appeals are admitted, present Appeal is also admitted.

C/FA/6052/2019 ORDER

Respective learned advocates waives service of notice of admission.

All the appeals may be listed together.

ORDER IN CIVIL APPLICATION Heard learned advocates for the respective parties.

The present application is for stay of the impugned judgment and award of the Motor Accident Claims Tribunal brought under challenge in this appeal by the appellant Insurance Company. Appeal is already admitted.

Rule returnable on 25.2.2021.

In the facts of the case, there shall be stay of the common impugned judgment and award dated 23.1.2019 passed by the Motor Accident Claims Tribunal (Auxiliary), 3rd Additional District Judge, Ahmedabad (Rural) in Motor Accident Claim Petition No.89 of 2007 on condition that the appellant Insurance Company deposits the entire awarded amount to the extent of liability as adjudged by Tribunal together with the proposed cost and interest before the returnable date.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi