The New India Assurance Co.Ltd. v. Smt.Sonali @ Sidhi Ganesh Rao And ORS.

116 caf4-18.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4 OF 2018 IN FIRST APPEAL NO.394 OF 2018 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Sudhakar i/b Mr.M.More for the applicant CORAM : K. K. TATED, J DATE : APRIL 1,2019 P.C.:

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Heard.

By this Civil Application, applicant Insurance Company is seeking stay of the impugned judgment and award dated 4.1.2017 passed by MACT, Mumbai in Application No.1329 of 2013.

Registry shows that applicant deposited sum of Rs.1742594/- in MACT on 23.06.2017.

Considering the fact that applicant already deposited entire awarded amouunt in the Mohite 1/2

116 caf4-18.doc Tribunal, I am satisfied that the applicant has made out a case for following order:

A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a) To stay the execution of the Judgment and Award dated 04th January 2017, passed by the Learned Member, Motor Accident Claim Tribunal, at Mumbai, in Motor Accident Claim Petition No.1329 of 2013."

B) Tribunal is directed to invest entire amount in fixed deposit of any nationalized bank initially for a period of one year and same be continued till further orders.

C) Liberty granted to the Respondent original Claimant if they so desire to prefer appropriate application for withdrawal of the amount and that be decided on its own merits. D) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Mohite 2/2