Bajaj Allianz General Insurance Company Limited v. Smt. Kunda Dattatraya Kamathe And ORS.

Sherla V.

caf.4069.2017_13.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4069 OF 2015 IN FIRST APPEAL (ST) NO.29713 OF 2015 Bajaj Allianz General Insurance Company Ltd.

... Applicant/Appellant Vs.

Smt.Kunda Dattatraya Kamathe & Ors.

... Respondents Ms.Yogita Deshmukh for the Appellant Insurance Company Mr.T.J. Kapre i/b J.S. Kapre for Respondents/claimants CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1.

This is an application for stay of the impugned judgment and award dated 21.2.2014 passed by the learned Member, Motor Accident Claims Tribunal, Raigad-Alibag in MACP No.19 of 2010. The learned Counsel for the applicant/Insurance Company submits that the insurance company has deposited the entire decretal amount alongwith interest accrued thereon and hence, the said impugned judgement and award be stayed. 2.

Learned Counsel for the respondents has opposed the application. 3.

Heard the submissions made by the learned Counsel for the parties. As the amount awarded by the Tribunal is deposited, the impugned judgment and award dated 21.2.2014 passed by the learned Member, 1 / 2

caf.4069.2017_13.doc Motor Accident Claims Tribunal, Raigad-Alibag in MACP No.19 of 2010 is stayed.

4.

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