Bajaj Allianz General Insurance v. Mrs. Daljeetkaur Narendra Singh And ORS

12.2030.12-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2030/2012 IN FIRST APPEAL NO. 1007/2012 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Pooja Kamat i/b. A. M. Gokhale for the Applicant Mr. M. M. Sathaye for the Respondent CORAM : K. K. TATED, J.

DATE : JANUARY 20, 2016 P.C.:

1.

Heard. This Application is made by the Insurance Co. for stay of the operation and implementation of the impugned award dated 25/07/2011 passed by the MACT, Mumbai in Application No.3368/2007.

2.

The learned counsel for the Applicant Insurance Co. submits that they have already deposited the entire awarded amount in the Tribunal.

3.

Considering the fact that the Applicant Insurance Co. has already deposited the entire awarded amount in the Tribunal, I am of the Basavraj G Patil 1/2

12.2030.12-caf opinion that the Insurance Co. has made out a case for allowing the Civil Application.

4.

Hence, following order is passed:

a.

The operation and implementation of the impugned judgment and award 25/07/2011 passed by the MACT, Mumbai in Application No.3368/2007 is stayed, till hearing and final disposal of the appeal.

b.

The Tribunal is directed to invest the awarded amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the appeal.

c.

Liberty granted to the claimants to prefer an appropriate Application for withdrawal of amount, if they so desire, which will be decided on its own merits d.

The statutory deposit, if any, made by the Applicant at the time of filing the First Appeal be transferred to the Tribunal.

e.

Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2