Bajaj Allianz General Insurance Co. Ltd. v. Mrs. Roopa Navin Kharwa And ANR.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1587 OF 2016 IN FIRST APPEAL (STAMP) NO.24664 OF 2015 Bajaj Allianz General Insurance Co. Ltd., Mumbai .... Applicant

Versus

Roopa Navin Kharwa & Anr.

.... Respondents Ms. Yogita Deshmukh, i/by Mr. Milind M. Sathaye, for the Applicant. None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 25 TH AUGUST 2016.

P.C. :

1.

Heard learned counsel for the applicant-Insurance Company. 2.

This is an application seeking stay to the effect, operation, execution and implementation of the impugned Judgment and Award dated 28th January 2015 passed by the M.A.C.T., Mumbai in M.A.C.P. No.3462 of 2008.

3.

It is submitted that the applicant-Insurance Company will be depositing the compensation amount, as awarded by the Tribunal, within twelve weeks from the date of this order. This statement is accepted as an undertaking given to the Court.

1/2 CAF-1587-16==.doc

4.

In view thereof, the Civil Application is allowed in terms of prayer clause (a), subject to the applicant-Insurance Company depositing the compensation amount, as awarded by the Tribunal, within the stipulated time.

5.

On applicant-Insurance Company depositing the aforesaid amount in the Tribunal, the Tribunal is directed to invest the same in any Nationalized Bank, initially for a period of one year, to be renewed from time to time, till disposal of the First Appeal. 6.

On failure of the applicant-Insurance Company to deposit the said amount within the stipulated time, the stay granted by this Court shall automatically stand vacated, without further reference to the Court. 7.

Civil Application is disposed of accordingly. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-1587-16==.doc