← Library
Bombay High CourtCAF/3323/2017disposed off

The New India Assurance Co.Ltd. v. Shri.Javed Abdul Gani Maniyar And ANR.

2017-11-16Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

caf.3323.2017_501(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3323 OF 2017 IN FIRST APPEAL ST. NO.11904 OF 2017 The New India Assurance Co. Ltd.

... Applicant/Appellant Vs.

Javed Abdul Gani Maniyar & Ors.

... Respondents Mr.Sudhakar Pandaram i/b M.V. More for the Applicant/Appellant None for Respondents CORAM: MRS.MRIDULA BHATKAR, J.

DATE: NOVEMBER 16, 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 12.8.2016, passed by the Motor Accident Claims Tribunal, Solapur, in MACP No.229 of 2012, 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 of Rs.19,70,799/- alongwith interest accrued thereon. 1 / 2

caf.3323.2017_501(2).doc 3.

None appears for the respondents, though served. 4.

In view of the above, the operation and execution of the impugned judgement and award dated 12.8.2016 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 concerned Motor Accident Claims Tribunal.

5.

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