In a brief order, this court granted a stay on the execution of a Motor Accident Claims Tribunal award pending the final disposal of the first appeal filed by the insurance company, noting that the decretal amount was already deposited.
Stay on execution of the MACT award continued till final disposal of the First Appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 12 fa 534-16 with ia 20402-22 with caf 2910-14-c.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO.534 OF 2016
WITH
INTERIM APPLICATION NO.20402 OF 2022
IN
FIRST APPEAL NO.534 OF 2016
AND
CIVIL APPLICATION NO.2910 OF 2014
IN
FIRST APPEAL NO.534 OF 2016
The New India Assurance Co. Ltd.
Vs.
… Appellant
Suresh Sitaram Kahadane and anr. … Respondents
Ms.Shalini Shankar, Advocate for the Appellant/Applicant in CAF No.
2910 of 2014.
Mr.Aniket Nangare i/by Mr.R.S.Gangawane, Advocates for the Applicant
in IA No.20402 of 2022 and for the Respondent No.1 in FA.
CORAM :ABHAY AHUJA, J.
DATE :07 JULY, 2023.
P.C.:
CIVIL APPLICATION NO.2910 OF 2014
1. This is an application seeking stay of the execution of the judgment
1 of 3
Priya R. Soparkar
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and award dated 7th April, 2014 passed by the Motor Accident Claims
Tribunal, Pune in MACP No.228 of 2013.
2.Ms.Shalini Shankar, learned counsel for the Appellant-Insurance
Company submits that the entire decretal amount has already been
deposited in this court pursuant to the earlier orders and execution of
the impugned decision has also been stayed by order dated 26th August,
2014. She submits that the stay application be disposed with an order to
continue the stay on the execution till the final disposal of the appeal.
3. Mr.Aniket Nangare, learned counsel for the Respondent No.1 has no objection.
4. Having heard learned counsel and having perused the application,
let the stay granted earlier to the execution of the final decision to
continue till the final disposal of the first appeal.
5. The application stands disposed of.
2 of 3
Priya R. Soparkar
3 12 fa 534-16 with ia 20402-22 with caf 2910-14-c.doc
FIRST APPEAL NO.534 OF 2016
1. This first appeal has already been admitted on 4th July, 2018.
2. Learned counsel for the Appellant submits that if the Record and Proceedings is called, it can be finally disposed.
3. Accordingly, the Registry is directed to call for the Record and Proceedings within a period of four weeks.
4. Let the compilation of documents also be filed within that period.
5. List on 4th August, 2023.
(ABHAY AHUJA, J.)
3 of 3
Priya R. Soparkar
1 issue framed by the court
Whether the stay on execution of the Motor Accident Claims Tribunal's award should continue pending disposal of the first appeal.
The New India Assurance Co. Ltd.
Suresh Sitaram Kahadane
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court