United India Insurance Co. Ltd., Thr Its Administrative Officer M.P. Virat, Aurangabad v. Vimal Rajendra Kakade And ORS

1 C.A. 1731.2018 in F.A. 638.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 1731 OF 2018 IN FIRST APPEAL NO. 638 OF 2018 UNITED INDIA INSURANCE CO. LTD.

THR. ITS ADMINISTRATIVE OFFICER, M.P.VIRAT, AURANGABAD.

VERSUS

VIMAL RAJENDRA KAKADE & ORS.

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Mr. S.S.Rathi, Advocate for Applicant.

Mr. A.S.Gandhi, Advocate for R - 1 to 5.

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CORAM : K.K.SONAWANE, J.

DATE : 28th JUNE, 2018 ......

ORAL ORDER :

1.

Heard learned counsel for the applicant - United India Insurance Co. Ltd. and learned counsel for respondent Nos. 1 to 5. 2.

Perused the application and other relevant documents. 3.

Learned counsel for the applicant - Insurance Company submits that the entire decreetal amount and interest accrued thereon would be deposited within a period of four weeks. Therefore, he requested to grant stay.

4.

In view of the submission, there shall be stay to the execution and implementation of the impugned Judgment and Award passed by the learned Motor Accident Claims Trinbunal, Ahmednagar in M.A.C.P. No. 382/2008, on condition that the applicant - United India Insurance Co. Ltd. shall deposit the entire amount of compensation pursuant to the Award along with interest accrued thereon in this Court within a period of four

2 C.A. 1731.2018 in F.A. 638.2018 weeks from today. Failure to which, the stay granted shall stand vacated automatically without further reference to the Court with liberty to the respondents/original claimants to avail the recourse of law for execution of the Award within ambit of law. 5.

Accordingly, Civil Application stands disposed of in above terms.

[K.K.SONAWANE] JUDGE KNP/C.A. 1731.2018 in F.A. 638.2018