National Insurance Company Limited, Thr. Mumbai Regional Office-Ii v. Mrs. Shobha Lalitkumar Sonigra And ORS.

28 caf 4342 of 2016.doc vks

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4342 OF 2016 IN FIRST APPEAL (ST) NO.20429 OF 2016 National Insurance Co. Ltd .... Applicant V/s.

Mrs. Shobha Sonigra and ors .... Respondents Mr. A. J. Gondwal, I/by S.S. Dwivedi, for the Applicant.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 24TH OCTOBER, 2016.

P.C. :

1.

This application is seeking stay to the execution of award dated 10.12.2015, passed by Motor Accident Claims Tribunal, Mumbai in MACP No.1930 of 2008.

2.

Learned counsel for the applicant makes a statement that the applicant is ready to deposit the entire decreetal amount in the Tribunal, within six weeks 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 condition that the applicant deposits the entire amount within a period of 1/2

28 caf 4342 of 2016.doc 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