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Bombay High CourtCAF/4433/2016disposed off

The New India Assurance Co. Ltd. v. Smt. Poonam Manoj Chougule And ORS.

2017-09-07Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

caf.4433.2016_509.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4433 OF 2016 IN FIRST APPEAL st. NO.24384 OF 2016 The New India Assurance Co. ltd.

... Applicant Vs.

Smt.Poonam Manoj Chougule & 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.

DATED: 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 1.4.2016 passed by the Motor Accident Claims Tribunal, Solapur, in MACP No.247 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.

caf.4433.2016_509.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 1.4.2016 by the Motor Accident Claims Tribunal, Solapur in MACP No.247 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.)