The New India Assurance Co.Ltd v. Smt. Alka Shahaji Chondhe And ORS

24 caf 4197-12=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 4197 OF 2012 IN FIRST APPEAL NO. 326 OF 2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S. M. Dange for the applicant.

Mr. J. S. Kapre for the respondent.

CORAM : K. K. TATED, J.

DATED : 11/06/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is preferred by insurance company for stay of operation and implementation of impugned Judgment and Award dated 30.11.2011 passed by the the Motor Accident Claims Tribunal, Pune in M.A.C.P. No. 1241 of 2004.

The learned Counsel for the applicant submits that as per order dated 20.12.2012, they deposited entire awarded amount in the Tribunal. The same is certified by the office.

The respondent claimant preferred Civil Sneha Chavan 1/2

24 caf 4197-12=.doc Application no. 3017 of 2014 for withdrawal of amount. That application will be decided on its own merits.

Considering the submissions made by the learned Counsel for the applicant and averments made in Civil Application, I am satisfied that applicant has made out case for allowing Civil Application.

Hence, the following order.

a) The operation and implementation of impugned Judgment and Award dated 30.11.2011 passed by the M.A.C.T. Pune in M.A.C.P. No. 1241 of 2004, is stayed till the hearing and final disposal of the First Appeal.

b) Civil Application no. 3017 of 2014 preferred by the respondent claimant be decided on its own merits.

c) Civil Application is disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2