The New India Assurance Co. Ltd. v. Smt. Bhagyashri Bhaskar Deshmukh And ORS.

Sherla V.

caf.4437.2016_510.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4437 OF 2016 IN FIRST APPEAL st. NO.24376 OF 2016 The New India Assurance Co. Ltd.

... Applicant/Appellant Vs.

Bhagyashri Bhaskar Deshmukh & Ors.

... Respondents Mr.Sudhakar Pandaram i/b Milind V. More for the Applicant/Appellant Mr.N.P. Hinduja I/b A.B. Tajane for Respondents CORAM: MRS.MRIDULA BHATKAR, J.

DATE: SEPTEMBER 7, 2017 P.C.:

1.

Upon urgent mentioning, taken on Production Board. 2.

By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 5.4.2016 passed by the Motor Accident Claims Tribunal, Solapur, in MACP No.246 of 2011 as the respondents/claimants have moved execution proceedings. The learned Counsel for the Insurance Company submits that the insurance company has already deposited the entire decretal amount alongwith interest accrued thereon.

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caf.4437.2016_510.doc 3.

In view of the above, as the entire decretal amount is already deposited, there shall be an interim stay pending the Appeal, to the operation and execution of the impugned judgement and award dated 5.4.2016 by the Motor Accident Claims Tribunal, Solapur in MACP No.246 of 2011. The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of appeal shall be transferred to the Motor Accident Claims Tribunal, Solapur. 4.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2