Bajaj Alliance General Insurance Company Limited v. Smt. Archana Prabhakar Tarang And ORS.

19.2200.16-caf.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2200/2016 in First Appeal (ST) No. 30800/2015 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mrs. Yogita Deshmukh I/b. M. M. Sathaye for the Applicant Mr. Rushikesh Kale for the Respondent

CORAM

: K.K.TATED, J.

DATED : APRIL 12, 2019 P.C.

Heard.

By this Civil Application, the Applicant seeks the stay to the operation and implementation of the impugned judgment and award dated 11.05.2015 passed by the MACT, Solapur in MACP No.60/2012.

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

The statement is accepted.

Considering the submissions made by the learned counsel for the Applicant and as the Applicant has deposited the entire awarded amount in the Tribunal, I am Basavraj G Patil 1/2

19.2200.16-caf.doc satisfied that the Applicant has made out a case for allowing the Civil Application.

Hence, following order is passed:

a.

The Civil Application is allowed in terms of prayer clause (a) which reads thus:

(a) That pending hearing and final disposal of the present First Appeal, the effect, operation, implementation and execution of the impugned judgment and award dated 11.05.2015 passed in Motor Accident Claim Petition No.60/2012 by the Learned Member, Motor Accident Claim Tribunal, Solapur and disbursal of amount thereunder, be kindly stayed."

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.

Civil Application No.199/2019 filed by the Respondent claimant will be decided on merits.

d.

Civil application stands disposed off accordingly.

e. No order as to costs.

(K.K.TATED, J.) Basavraj G Patil 2/2