The New India Assurance Co. Ltd. v. Shri. Rahul Raju Sutar And ORS.

Sherla V.

caf.227.2017_901.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.227 OF 2017 IN FIRST APPEAL NO.53 OF 2017 The New India Assurance Co. Ltd.

... Applicant/Appellant Vs.

Shri Rahul Raju Sutar & Ors.

... Respondents Mr.S.M. Dange for the Applicant/Appellant CORAM: MRS.MRIDULA BHATKAR, J.

DATE: DECEMBER 14, 2017 P.C.:

1.

By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 12.4.2016 passed by the Motor Accident Claims Tribunal, Pune, in M.A.C.P. No.700 of 2012. The learned Counsel for the applicant/appellant submits that the appellant/ insurance company has deposited the decretal amount alongwith interest on 13.11.2017 before the Motor Accident Claims Tribunal, Pune. He submits that execution proceedings are moved against the insurance company and hence, the impugned judgment and award be stayed.

1 / 2

caf.227.2017_901.doc 2.

In view of the submission of the learned Counsel, as the entire decretal amount alongwith interest is already deposited, the impugned judgement and award dated 12.4.2016 is stayed till disposal of the appeal. The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of appeal shall be transferred to the concerned Motor Accident Claims Tribunal, Pune. 3.

List the appeal on Board for admission on 21.2.2018. 4.

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