Reliance General Insurance Co. Ltd. v. Smt. Surekha Sitarama More And ORS.

17-FA638-2020 WITH IA2451-2020.DOC AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 638 OF 2020 WITH INTERIM APPLICATION NO. 2451 OF 2020 Reliance General Insurance Co Ltd.

...Appellant

Versus

Smt. Surekha Sitaram More & Ors

...Respondents

Ms. Kalpana Trivedi, for the Appellant/Applicant.

CORAM:

Smt. Bharati Dangre, J.

DATED:

7th December 2021 P.C.:- 1.

The Appellant seek stay of the implementation and execution of the Judgment challenged in Appeal, dated 22.10.2019 passed by the Motor Accident Claims Tribunal, Thane in MACP No. 364 of 2015.

Heard the Counsel for the Appellant.

2.

The Appeal is filed on the ground that the Tribunal has failed to take into account the contributory negligence and

17-FA638-2020 WITH IA2451-2020.DOC since there is an arguable case on merit, I am inclined to grant stay to the impugned judgment. The stay shall however operate on a condition of deposit of the entire decretal amount by the Appellant before the Tribunal within a period of six weeks from today.

3.

On failure to deposit the amount, the Claimants are granted liberty to execute the judgment impugned in the Appeal.

4.

The Interim Application is allowed in the aforesaid terms.

(Smt. Bharati Dangre, J.)