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Bombay High CourtCAF/90/2018disposed off

Bajaj Allianz General Insurance Company Limited. v. Smt.Varuna Atul Desai And ORS.

2018-01-11Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

Sherla V.

caf.90.2018_510(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.90 OF 2018 IN FIRST APPEAL st. NO.35487 OF 2017 Bajaj Allianz Genral Insurance Co. Ltd.

... Appellant Vs.

Varuna Atul Desai & Ors.

... Respondents Mr.D.S. Joshi for Appellant / insurance Co.

Mr.S.G. Thorat for the Respondents CORAM: MRS.MRIDULA BHATKAR, J.

DATE: JANUARY 11, 2018 P.C.:

1.

Upon urgent mentioning, taken on Production Board. 2.

By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 22.8.2017 passed by the Motor Accident Claims Tribunal, Kolhapur in MACP No.251 of 2015, as execution proceedings are moved against the insurance company. The learned Counsel for the applicant/appellant submits that the insurance company has already deposited the entire decretal amount alongwith interest accrued thereon.

1 / 2

caf.90.2018_510(2).doc 3.

Learned Counsel for the appellants is present. 4.

In view of the above, the operation and execution of the impugned judgement and award dated 22.8.2017 is stayed pending appeal. The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of appeal shall be transferred to the concerned Motor Accident Claims Tribunal.

5.

Civil Application is disposed of accordingly. (MRIDULA BHATKAR, J.) 2 / 2