United India Insurance Company Ltd. v. Shri. Pradipkumar Subhash Gupta And ANR.

OSK 914-caf-4333-2016.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4333 OF 2016 IN FIRST APPEAL NO. 1484 OF 2016 United India Insurance Company Limited ...

Applicant/ Appellant

Versus

Shri Pradipkumar Subhash Gupta & Anr.

...

Respondents Mr.Rahul Mehta i/b.KMC Legal Venture for Applicants/Appellants. CORAM : DR.SHALINI PHANSALKAR-JOSHI, J.

DATE : 19TH OCTOBER, 2016.

P.C. :

1] This is an application preferred by the appellant Insurance Company seeking stay to the execution of the impugned judgment and award dated 18th March, 2016 in MACT Application No. 1490 of 2009 passed by Member, Motor Accident Claims Tribunal, Mumbai. 2] It is submitted by the learned counsel for the applicant that the applicant is ready to deposit the entire amount of compensation as awarded by the tribunal within six weeks from the date of this order. The statement is accepted as undertaking.

3] In view thereof, stay is granted to the execution of the impugned judgment and award on the condition of applicant's depositing 1/2

OSK 914-caf-4333-2016.odt entire amount of compensation with the tribunal within six weeks from today.

4] On deposit of the said amount, the tribunal to invest the same in any "Nationalized Bank" initially for a period of one year, to be renewed thereafter from time to time till decision of this appeal. 5] On failure of the applicant to deposit the entire amount within the stipulated period, the said stay granted to the execution of the impugned award will stands vacated automatically without further reference to this Court.

6] An amount of Rs.25,000/- deposited in this Court be transferred to the Motor Accident Claim Tribunal, Mumbai. 7] This application is disposed of accordingly.

(DR.SHALINI PHANSALKAR-JOSHI, J.) 2/2