Bajaj Allianz General Insurance Company Limited v. Smt. Reshma Rajendra @ Rajaram Gawari And ORS.

309.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.309 OF 2015 IN FIRST APPEAL (ST) No. 1862 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. M. M. Sathaye & Yogita M. Deshmukh for the Applicant.

Mr. P. G. Sarda for Respondent No.8.

CORAM : K. K. TATED, J.

DATE : MARCH 25, 2015 P.C.:

1.

Heard. This Application for stay of the operation and implementation of the judgment and award dated dated 10/09/2014 passed by the MACT in MACP No.202/2012.

2.

The learned counsel for the RespondentClaimant submits that as per order dated 27/01/2015 passed by this court, the Applicant Insurance Co. deposited the entire decretal amount in the Tribunal. Statement is accepted.

3.

Considering the submissions made by the learned counsel for the Applicant and the Basavraj G Patil 1/2

309.15-caf averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

i) Civil Application is allowed in terms of prayer clause (a) which reads thus:

(a) That pending the hearing and final disposal of the present First Appeal, the effect, operation, implementation and execution of the impugned judgment and award dated 10/09/2014 passed by the learned Additional Member, in MACP No.202/2012 and disbursal of amount thereunder be kindly stayed.

(ii) The Tribunal is directed to invest the amount in a fixed deposit account of any Nationalized bank, initially for a period of one year which will be renewed from time to time till hearing and final disposal of the appeal.

(iii) Liberty granted to the Respondent - claimant to file an appropriate Application for withdrawal of the amount, if they so desire, which will be decided on its own merits.

(iv) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2