Reliance General Insurance Company Limited Thr.Its.Manager Legal Mr.Priyank Shah v. Smt.Yogita Krushna Pawar And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No.2595 of 2017 IN FIRST APPEAL (ST) No. 24567 OF 2017 Reliance General Insurance Company Limited ..Applicant Vs.

Smt. Yogita Krushna Pawar and Ors...Respondents Mr. Rahul Mehta i/b. KMC Legal Venture for the Applicant Mr. Prashant P. Jadhav for Respondent Nos.1 to 3 Mr. Yogesh Pande for Respondent No.5

CORAM:

K.K. TATED, J.

DATED : JUNE 19, 2019 P.C. :

1.

Heard learned counsel for the parties.

2.

By this civil application, the Applicant Insurance Company is seeking stay of the operation and implementation of the judgment and order dated 2nd December, 2016 passed by the Motor Accident Claim Tribunal, Pune in MACP No. 819 of 2013.

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3.

The learned counsel for the Original Claimants made a statement to this Court that the Insurance Company has deposited the entire awarded amount in the Tribunal. Statement is accepted.

4.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the civil application, I am satisfied that the Applicant has made out a case for allowing this civil application.

5.

Hence, following order:

(a) Civil Application is allowed in terms of prayer clause (a), which reads thus:

"(a)That this Hon'ble Court be pleased to stay the effect/execution/operation and implementation of the Judgment and Award dated 02.12.2016 passed in M.A.C.T.

Application No. 819 of 2013 by SHRI R.H.

MOHAMMAD -Member, MACT PUNE @ PUNE."

(b) The Tribunal is directed to invest the awarded amount in the fixed deposit of any Nationalized Bank initially, for a period of one 2/3

year and same to be continued till further orders.

(c) Liberty granted to the Respondents to make appropriate Application for withdrawal of amount and that Application be decided on its own merits.

(d) Civil application stands disposed off accordingly.

(K. K. TATED, J.) 3/3