The New India Assurance Company Limited (Legal Cell) v. Smt. Mrunal Makarand Patwardhan And ORS.

Sherla V.

caf.2838.2017+_509.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2838 OF 2017 IN FIRST APPEAL st. NO.13718 OF 2017 The New India Assurance Co. Ltd.

... Applicant Vs.

Smt.Mrunal Makarand Patwardhan & ors.

... Respondents Mr.D.R. Mahadik for the Applicant Mr.Rohan Mahadik i/b Juris Partners for Respondent Nos.1 to 4 CORAM: Mrs.MRIDULA BHATKAR, J.

DATED: SEPTEMBER 20, 2017 P.C. :

1.

Upon urgent mentioning, taken on Production Board. 2.

By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 7.12.2016 passed by the learned Member, Motor Accident Claims Tribunal, Pune in MACP No.257 of 2011. The learned Counsel for the applicant submits that execution proceedings are moved against the insurance company and the insurance company has already deposited the entire decretal amount alongwith interest accrued thereon of Rs.1,97,09,474/- in the Motor Accident Claims Tribunal.

caf.2838.2017+_509.doc 3.

In view of the above, stay is granted to the operation and execution of the impugned judgement and award dated 7.12.2016 passed by the learned Member, Motor Accident Claims Tribunal, Pune, in MACP No.257 of 2011. 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.

4.

Civil Application stands disposed of accordingly. (MRIDULA BHATKAR, J.)