Reliance General Insurance Co. Ltd. v. Mr. Tukaram Vishwanath Patil And ORS.

37 caf 3132-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 3132 OF 2014 IN FIRST APPEAL NO. 1112 OF 2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Deepika Motagi with Allena Geroge i/b Res Juris for the Applicant.

Mr. Vishwanath Patil i/b Sammer Khedekar for the respondent nos. 1 and 2.

CORAM : K. K. TATED, J.

DATED : 16/02/2016 P.C.:

.

Heard learned Counsel for the parties.

This Application is preferred by Insurance Company for stay of operation and implementation of the impugned judgment and award dated 16.04.2014 passed by M.A.C.T. Pune in M.A.C.P. No. 334 of 2012.

The learned counsel for the Respondentclaimant makes a statement that as per order dated 11.09.2014 passed by this Court, the Applicant Insurance Company has deposited the entire awarded amount in the Tribunal. Statement is accepted.

Considering the submissions made by the Sneha Chavan 1/2

37 caf 3132-14=.doc learned counsel for the Applicant, the averments made in the Application and as the learned counsel for the Respondent-claimant submitted that applicant Insurance Company deposited the entire awarded amount in the Tribunal, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) The operation and implementation of the impugned judgment and award dated 16.04.2014 passed by MACT, Pune in Application No.334 of 2014 is stayed, till hearing and final disposal of the appeal.

b) The Tribunal is directed to invest the entire awarded amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the appeal. c) Liberty granted to the respondents claimants to take out appropriate application, if they so desire, for withdrawal of the amount and that application will be decided on its own merits. d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2