The New India Insurance Co.Ltd., v. Smt.Sharada Tukaram More And ORS

(48) CAF 2567-17 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2567 OF 2017 IN FIRST APPEAL (STAMP) NO. 15701 OF 2017 The New India Assurance Co. Ltd.

.. Applicant Vs.

Smt. Sharada Tukaram More & Ors.

.. Respondents Mr. Sudhir Pandaram I/b Milind More for the Applicants. Mr. Yuvraj P. Narvankar for the Respondents.

CORAM : K. K. TATED, J.

DATE : 20 th MARCH, 2019.

P. C. :

1.

Heard learned Counsel for the parties.

2.

By this Civil Application, the Applicant-Insurance Company is seeking stay of the Judgment and Award dated 07.12.2016 passed by Motor Accident Claim Tribunal, Kolhapur in Motor Accident Claim Petition No. 60 of 2006.

3.

Learned Counsel for the Applicant-Insurance Company submits that they have already deposited the entire amount along with interest with the Tribunal. Statement is accepted.

4.

Considering the submissions made by learned Counsel for Applicant and as the entire amount is deposited, I am satisfied that the Applicant has made out case for following order :

(i) Operation and implementation of the impugned Judgment and Award dated 07.12.2016 passed by Motor Accident Claim Tribunal, 1/2

(48) CAF 2567-17 Kolhapur in Motor Accident Claim Petition No. 60 of 2006 is stayed till further orders.

(ii) The Tribunal is directed to invest the amount in a fixed deposit in any Nationalized Bank, initially for a period of one year and the same shall be renewed from time to time till further orders. (iii)Civil Application No.355 of 2019 preferred by the original Claimants to be decided on its own merits.

(iv) The Civil Application stands disposed of accordingly. [K. K. TATED, J.] 2/2