Icici Lombard General Insurance Company Ltd. v. Smt. Leelabai Pandharinath Chavan And ORS.

DSS 42-caf-1739-15 in fa-573-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1739 OF 2015 IN FIRST APPEAL NO. 573 OF 2015 ICICI Lombard General Insurance Co. Ltd.

.. Applicant.

vs.

Smt. Leelabai P. Chavan and ors.

.. Respondents.

Mr. Mehta i/b. KMC Legal for the Appellant.

Mr. R.S. Pachundkar for Respondent Nos.1 to 3. CORAM :

M. S. SONAK, J.

DATE : 20 MARCH 2017.

P.C. :- 1] Heard learned counsel for the parties.

2] There shall be a stay on execution of the impugned award until disposal of the appeal. The ad-interim order granted on 4 September 2015 is hereby confirmed. Since, Mr. Mehta, learned counsel for the appellant states that he has telephonic instructions that the entire awarded amount together with interest and costs has been deposited before the Motor Accident Claims Tribunal (MACT), Pune. In case, such amount is not deposited, by now, then further two weeks time from today is granted to deposit such amount. In case, there is failure to deposit, this interim order to stand vacated without any further reference to the court.

3] From out of the deposited amount, respondent No.1 Smt.Leelabai Chavan is permitted to withdraw 50% of the amount, after filing an undertaking before the concerned MACT that such amount shall abide by final orders that may be made in this appeal. 4] The Civil Application is disposed of accordingly. (M. S. SONAK, J.) 1/1