The Manager, The New India Insurance Co Ltd v. Shri Mahendra Gajanan Gurav And ANR

17.1125.13-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1125 OF 2013 IN FIRST APPEAL (ST) NO.8050 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. K. Cheulkar for the Applicant Mr. T. J. Mendon for the Respondent Nos.1.

CORAM : K. K. TATED, J.

DATE : APRIL 17, 2015 P.C.:

1.

Heard. This Application is preferred by the Insurance Co. for stay of the operation and implementation of the impugned judgment and award dated 06/09/2012 passed by the MACT at Mangaon in MACP No.957/2008.

2.

The learned counsel for the Applicant submits that they are challenging the impugned judgment and award only to the extent of Rs.88780/- awarded by the Tribunal towards medical expenses. He further submits that they already deposited the entire decretal amount in the Tribunal. The Respondent claimant has already withdrawn Rs.2,04,625/-.

Basavraj G Patil 1/2

17.1125.13-caf 3.

Considering the submissions made by the learned counsel for the Applicant and the 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:

a) The operation and implementation of the impugned judgment and award dated 06/09/2012 passed by the MACT at Mangaon in MACP No.957/2008 is stayed to the extent of Rs.88780/- only.

b) 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.

c) Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2