The New India Assurance Co. Ltd. v. Smt. Indubai Vijay Dive And ORS.

Sherla V.

caf.3107.2017_506(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3107 OF 2017 IN FIRST APPEAL ST. NO.1234 OF 2017 The New India Assurance Co. Ltd.

... Appellant Vs.

Shri Indubai Vijay Dive ... Respondent Mr.Sudhakar Pandaram i/b Milind More for the Applicant Ms.Chaitrali Deshmukh for Respondent Nos.1 to 4 CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: JANUARY 16, 2018 P.C. :

1.

Upon urgent mentioning, taken on Production Board. 2.

This Civil Application is moved by the applicant / insurance Company seeking stay to the operation and execution of the impugned judgement and award dated 22.6.2016 passed by the Motor Accident Claims Tribunal, Nashik, in M.A.C.P. No.147 of 2003, as execution proceedings are moved against the insurance company. The learned Counsel for the applicant/appellant submits that the insurance company has already deposited the entire decretal amount alongwith interest accrued thereon.

caf.3107.2017_506(2).doc 3.

Learned Counsel for the contesting respondent i.e., the original claimant is present.

4.

In view of the above, the operation and execution of the impugned judgement and award is stayed till final hearing of the appeal. The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of appeal shall be transferred to the concerned Motor Accident Claims Tribunal.

5.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.)