United India Insurance Company Ltd.Through Its Nashik Divisional Office v. Smt. Usha Vijay Ramteke And ORS.

1 127.4332.18 caf.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4332 OF 2018 IN FIRST APPEAL (ST) NO. 15757 OF 2018 United India Insurance Company Ltd.

.....Applicant V/s.

Smt. Usha Vijay Ramteke and others .....Respondents Mr. Shubham M. i/b Amol Gatne for the applicant. Mr. Pritesh Bohade for respondent nos. 1 & 2 CORAM : K. K. TATED, J.

DATE :

MARCH 15, 2019.

P.C.

Heard the learned counsel for the applicant and learned counsel for respondent nos. 1 & 2.

By this Civil Application, applicant is seeking stay of the operation of the Judgment and Award dated 07/12/2017 passed by Motor Accident Claims Tribunal at Nashik in MACP No. 990 of 2010

2 127.4332.18 caf.doc by which Tribunal held that respondents are entitled to the sum of Rs. 3,40,000/- with 8% interest by way of compensation. The learned counsel for the applicant submits that he received instructions from the Insurance Company that they are ready and willing to deposit entire awarded amount alongwith interest in Tribunal within 4 weeks from today. Statement is accepted. Considering the submissions made by the learned counsel for the applicant and as the applicant is ready and willing to deposit entire awarded amount within 4 weeks, I am satisfied that applicant has made out case for following order:

(I) Operation and implementation of impugned Judgment and Award dated 07/12/2017 passed by Motor Accident Claims Tribunal at Nashik in MACP No. 990 of 2010 is stayed till hearing and final disposal of First Appeal.

(II) Applicant to deposit entire awarded amount in Tribunal on or before 30/04/2019 failing which Civil

3 127.4332.18 caf.doc Application stands dismissed without referring back to the Court.

(III) If amount is deposited within stipulated period as stated herein above, Tribunal is directed to invest the said amount in fixed deposit in any nationalized bank, initially for a period of one year and thereafter, till further orders.

(IV) Liberty granted to respondent nos. 1 & 2 to take out appropriate proceedings, if so advised, for withdrawal and that application be decided on its own merits.

(V) Application stands disposed of accordingly.

(VI) No order as to costs.

[K. K. TATED, J.]