United India Insurance Company Ltd. v. Shri. Suresh Tukaram Khandagale And ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4515 OF 2016 IN FIRST APPEAL NO.1059 OF 2016 United India Insurance Co. Ltd., Pune .... Appellant V/s.

Suresh Tukaram Khandagale & Ors.

.... Respondents Mr. Ketan Joshi for the Appellant.

None for the Respondents.

CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 20 TH OCTOBER 2016.

P.C. :

1.

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

This is an application seeking stay to the execution, operation and implementation of the Judgment and Award dated 3rd August 2015 passed by the M.A.C.T., Pune in M.A.C.P. No.388 of 2010. It is submitted by learned counsel for the applicant-Insurance Company that the applicantInsurance Company will be depositing the entire amount, as awarded by the Tribunal, within six weeks from today. This statement is accepted as an undertaking given to this Court.

3.

In view thereof, the Civil Application is allowed in terms of prayer 1/2 CAF-4515-16==.doc

clause (b), subject to the applicant-Insurance Company depositing the compensation amount, as awarded by the Tribunal, within a period of six weeks from today.

4.

On applicant-Insurance Company depositing the aforesaid compensation amount in M.A.C.T., Pune in M.A.C.P. No.388 of 2010, 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 thereafter till disposal of the First Appeal.

5.

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

6.

The amount of Rs.25,000/- deposited by the applicant-Insurance Company in this Court is directed to be transferred to M.A.C.T., Pune in M.A.C.P. No.388 of 2010. M.A.C.T., Pune is directed to invest the said amount along with the compensation amount to be deposited by the appellant-insurance Company, as stated above. 7.

Civil Application is disposed of in the above terms. [DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 CAF-4515-16==.doc