The Oriental Insurance Co.Ltd.Insurer Of Motor Tanker Of Mh-04-Bg-3822 v. Kum.Sunita Purshottam Pawar.Thr.Her Mother And Next Friend.Smt.Savitribai Purshottam Pawar. And ANR

Sherla V.

caf.1441.2017_515.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1441 OF 2017 IN FIRST APPEAL ST. NO.8023 OF 2017 The Oriental Insurance Co. Ltd.

... Applicant/Appellant Vs.

Sunita Purshottam Pawar & Ors.

... Respondents Ms.Poonam Mittal for the Applicant/Appellant Ms.Rina Kundu for Respondent No.1 CORAM: MRS.MRIDULA BHATKAR, J.

DATE: NOVEMBER 1, 2017 P.C.:

1.

Not on Board. Upon mentioning, taken on Board. 2.

By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 26.2.2016 passed by the Motor Accident Claims Tribunal, Thane, in MACP No.244 of 2010, 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.

1 / 2

caf.1441.2017_515.doc 3.

Ms.Kundu appears for Respondent No.1.

4.

In view of the above, the operation and execution of the impugned judgement and award is stayed pending 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.

5.

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