Shriram General Insurance Company Limited v. Mrs. Deepali Baban Surve And ORS.

OSK 13-caf-3612-2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3612 OF 2015 IN FIRST APPEAL (ST.) NO. 8530 OF 2015 Shriram General Insurance Co.Ltd.

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Applicant/ Appellant

Versus

Mrs.Deepali Baban Surve & Ors.

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Respondents Mr.Rahul Mehta i/b.KMC Legal Venture for Applicant/Appellant. Mr.Sangramsinh Yadav for Respondent Nos.1 to 4. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 19TH OCTOBER, 2016.

P.C. :

1] This is an application for seeking stay to the execution of judgment and award dated 6th August, 2014 passed by Chairman, Motor Accident Claim Tribunal, Satara in MACP No. 01 of 2012. 2] It is submitted by the learned counsel for the applicant that the applicant is ready to deposit the entire amount of compensation as awarded by the tribunal within a period of six weeks from today. However, as the execution is already initiated, it needs to be stayed. The statement made by the learned counsel for the applicant is accepted as undertaking. In view thereof, the stay is granted to the execution of the impugned judgment and 1/2

OSK 13-caf-3612-2015.odt award subject to condition of applicant depositing entire amount of compensation as awarded by the tribunal within a period of six weeks from today with the tribunal.

3] On deposit of the said amount, the tribunal to invest the same in any "Nationalized Bank" initially for a period of one year, to be renewed thereafter from time to time till decision of this appeal. 4] On failure of the applicant to deposit the entire amount within the stipulated period, the said stay granted to the execution of the impugned award will stands vacated automatically without further reference to this Court.

5] An amount of Rs.25,000/- deposited in this Court be transferred to the Motor Accident Claim Tribunal, Satara. 6] This application is disposed of accordingly.

(DR.SHALINI PHANSALKAR-JOSHI, J.) 2/2