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Bombay High CourtCAF/3212/2015

Reliance General Insurance Co. Ltd. Through Its Manager Mr. Amit Ashwini Sharma v. Smt. Jyoti Sanjay Patil And ORS.

2019-09-18Hon'Ble Shri Justice K.K. Tated2 pages

16.1 - caf 3212-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3212 OF 2015 IN FIRST APPEAL (ST) NO. 25068 OF 2015 Reliance General Insurance ... Applicant/Appellant Company Ltd.

Versus

Smt. Joyti Sanjay Patil and others ... Respondents.

Ms. Pooja Singh a/w. Deepika Prabhala i/b. Res juris for the Applicant.

CORAM :

K. K. TATED, J.

DATE :

18th SEPTEMBER, 2019 P.C.

Heard learned counsel for the applicant.

2.

By this Civil Application, the applicant-Insurance Company is seeking stay of an operation and implementation of the judgment and award dated 29/10/2014 passed by Motor Accident Claims Tribunal, Thane in Motor Accident Claim Petition No.863 of 2008.

3.

Learned counsel appearing on behalf of the applicant H.R.Shinde

16.1 - caf 3212-2015 submits that as per order dated 16.09.2015, passed by this Court, they already deposited a sum of Rs.1,00,000/- with accrued interest in the Tribunal. This statement is accepted. 4.

In view of order dated 16.09.2015, I satisfed that, the applicant had made out a case for allowing this Civil Application. Hence, the following order - (i) Civil Application is allowed.

(ii) The judgment and award dated 29/10/2014 passed by Motor Accident Claims Tribunal, Thane in Motor Accident Claim Petition No.863 of 2008, is stayed against applicant/appellant only.

(iii) The Tribunal is directed to invest the amount deposited by the appellant in a Fixed Deposit account of any Nationalized Bank, initially for a period of one year and same to be continued till further order.

(iv) Civil Application stands disposed of accordingly. (v) No order as to costs.

[K. K. TATED, J.] H.R.Shinde