The New India Assurance Company Limited v. Smt. Kirti Kailash Lohate And ORS.

12 CAF 4255 OF 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4255 OF 2016 IN FIRST APPEAL (ST) NO.18254 OF 2016 The New India Assurance Co.ltd.

.... Applicant V/s.

Kirti K Lohate and ors .... Respondents Mr. H.G. Nisar, for the Applicant.

Mr. T. J. Mendon, for the Respondent .

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26TH OCTOBER, 2016.

P.C. :

1.

This application is seeking stay to the execution, implementation and operation of the judgment and award dated 19.1.2016, passed by Motor Accident Claims Tribunal, Alibaug, Dist. Raigad in MACP No.149 of 2011.

2.

Learned counsel for the applicant makes a statement that the applicant is ready to deposit the entire decreetal amount in the Tribunal, within four six from the date of this order. Statement is accepted as undertaking.

3.

In view thereof, stay is granted to the execution and implementation of the award in terms of prayer clause (a) subject to 1/2

12 CAF 4255 OF 2016.doc condition that the applicant deposits the entire amount within a period of six weeks, in the Tribunal, from today.

4.

On applicant's depositing amount in the Tribunal, the Tribunal to invest the said amount in any nationalized bank, initially for a period of one year and thereafter to be renewed from time to time till disposal of the appeal. On applicant's failure to deposit the entire amount within the stipulated period, the stay granted shall stand vacated automatically and the application shall stand dismissed without further reference to this Court.

5.

Application is disposed of accordingly.

[DR. SHALINI PHANSALKAR JOSHI, J.] 2/2