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Bombay High CourtCAF/3418/2015disposed off

The Divisional Manager, United India Insurance Company Ltd. v. Mrs. Sonali Sandeep Nirgude And ORS.

2015-10-09Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

2.CAF3418_2015.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3418 OF 2015 IN FIRST APPEAL NO. 1172 OF 2015 The Divisional Manager, United India Insurance Co. Ltd.

...

Appellant/Applicant Vs.

Sonali Sandeep Nirgude & Ors.

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Respondents Mr. Ketan Joshi, Advocate for the appellant/applicant. Mr. Sachin Gite, Advocate for the respondents. CORAM: MRS.MRIDULA BHATKAR, J.

DATE : 29th October, 2015 P.C.:

This application is moved by the applicant to stay the operation and execution of the judgment and award passed by the Member, Motor Accident Claims Tribunal, Nashik in M.A.C.P. No. 1514 of 2011 dated 9th June, 2015.

2.

The learned counsel for the applicant/insurance company submitted that the applicant is ready to deposit the entire decretal amount along with interest accrued thereon and prays for stay. 3.

In view of this, the appellant/applicant is directed to deposit the entire amount of the award along with interest accrued thereon within 6 weeks before the Tribunal. On this condition, the operation and

2.CAF3418_2015.doc execution of the judgment and award dated 9th June, 2015 is stayed pending appeal.

4.

After showing the proof of their identity, respondent no. 1/original claimant is allowed to withdraw 25% of the amount, which the insurance company is going to deposit before the Tribunal, on a personal undertaking to the satisfaction of the Tribunal. 5.

The statutory amount of Rs.25,000/- deposited in this Court be transferred to MACT, Nashik.

6.

Civil Application is disposed of.

FIRST APPEAL NO. 1172 OF 2015 Admit.

(MRS.MRIDULA BHATKAR, J.)