The New India Assurance Co. Ltd. Through Centralized Motor Tp Claims Hub v. Preeti Anilkumar C.S. And ORS.

22.72.17-caf.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.72/2017 in First Appeal No. (ST) 35564/2016 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Devendranath S. Joshi for the Applicant Mrs. A. K. Mandeni & H. M. Trivedi for the Respondent

CORAM

: K.K.TATED, J.

DATED : 18/03/2019 P.C.

Heard. This Application is for stay of the operation and implementation of the impugned judgment and award dated 30.07.2016 passed by the MACT Mumbai in Application No.838/2008.

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 the reasons disclosed in the Civil Application, I am satisfied that the 1/

22.72.17-caf.doc Applicant has made out a case for allowing the Civil Application.

Hence, the following order is passed:

a.

The operation and implementation of the impugned judgment and award passed by the MACT Mumbai in Application No.838/2008 dated 30.07.2016 is stayed, till hearing and final disposal of the first appeal.

b.

The Tribunal is directed to invest the remaining award 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 further orders.

c.

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

Civil Application stands disposed of accordingly.

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