Reliance General Insurance Company Limited Through Its Manager Legal Mr.Khanjan Joshi v. Smt.Nilofar Ebrahim Khan And ORS.

(53) CAF 1022-18 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1022 OF 2018 IN FIRST APPEAL (STAMP) NO. 34492 OF 2017 Reliance General Insurance Co. Ltd.

.. Applicant Vs.

Smt. Nilofar Ebrahim Khan & Ors.

.. Respondents Mr. Rahul Mehta I/b KMC Legal Venture for the Applicant. Mr. Yuvraj P. Narvankar for Respondent Nos.1 to 6. CORAM : K. K. TATED, J.

DATE : 20 th MARCH, 2019.

P. C. :

1.

Heard learned Counsel for the parties.

2.

By this Civil Application, the Applicant-Insurance Company is seeking stay of the Judgment and Award dated 02.05.2017 passed by Motor Accident Claim Tribunal, Pune in Motor Accident Claim Petition No. 176 of 2015.

3.

Learned Counsel for the Applicant-Insurance Company submits that as per order dated 23.04.2018 passed by this Court, they have already deposited the entire amount along with interest in the Tribunal. Statement is accepted.

4.

Considering the submissions made by learned Counsel for Applicant and as the entire amount is deposited in the Tribunal, I am satisfied that the Applicant has made out case for following order : (i) Civil Application is allowed in terms of prayer Clause (a) which reads 1/2

(53) CAF 1022-18 thus:

(a) That this Hon'ble Court be pleased to stay the effect/execution/operation and implementation of the Judgment and Award dated 02.05.2017 passed in M.A.C.T. Application No. 176 of 2015 by R. H. MOHAMMAD - Member, MACT, PUNE.

(ii) The Tribunal is directed to invest the amount in a fixed deposit in any Nationalized Bank, initially for a period of one year and the same shall be renewed from time to time till further orders. (iii)Civil Application No. 2849 of 2018 preferred by the Claimants for withdrawal will be decided on its own merit.

(iv) The Civil Application stands disposed of accordingly. [K. K. TATED, J.] 2/2