National Insurance Co. Ltd. v. Smt. Jayashri Tanaji Khavare And ORS.

Sherla V.

caf.1707.2016_908.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1707 OF 2016 IN FIRST APPEAL NO.728 OF 2016 National Insurance Co. Ltd.

... Applicant/Appellant Vs.

Smt.Jayashri Tanaji Khavare & Ors.

... Respondents Mr.Amol Gatne for the Applicant/Appellant Mr.R.A. Shelke for Respondent Nos.1, 2 & 3 CORAM: MRS.MRIDULA BHATKAR, J.

DATE: SEPTEMBER 14, 2017 P.C.:

1.

By the Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 15.11.2014 passed by the Motor Accident Claims Tribunal, Kolhapur in MACP No.680 of 2009, as execution proceedings are moved against the insurance company. The learned Counsel for the applicant submits that the insurance company has already deposited the entire decretal amount alongwith interest accrued thereon.

1 / 2

caf.1707.2016_908.doc 2.

In view of the above, the operation and execution of the impugned judgement and award dated 15.11.2014 is stayed pending 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 Motor Accident Claims Tribunal, Kolhapur. 3.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2