Tata Aig General Insurance Company Ltd v. Vilas Shivaji Janephalkar And ANR

2024:BHC-AUG:5658 81-CA-384-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 384 OF 2024 IN FAST/38563/2023 TATA AIG GENERAL INSURANCE COMPANY LTD

VERSUS

VILAS SHIVAJI JANEPHALKAR AND ANOTHER ...

Advocate for Applicant : Mr. S. S. Patil holding for Mr. Rohit H. Dahat Advocate for Respondent No.1 : Mr. C. V. Dharurkar Advocate for Respondent No.2 : Mr. A. R. Borulkar ...

CORAM : S. G. MEHARE, J.

DATE : 13-03-2024 PER COURT :- 1.

Heard the learned counsel for the applicant.

2.

Mr. Dharurkar, learned counsel waives service of notice for respondent No.1 and Mr. Borulkar, learned counsel waives service of notice for respondent No.2.

3.

Learned counsel for the applicant/insurer submits that the judgment and award has been impugned on the ground of contributory negligence and in alternate for non-involvement of the offending vehicle in the accident. Considering the grounds of appeal and objections of respondents, it is a fit case for granting stay. Hence, the following order is passed:-

ORDER

i) Application is allowed.

81-CA-384-24.odt ii) The execution, implementation and effect of the impugned judgment and award has been stayed, till conclusion of the appeal on the condition that the appellant shall deposit the entire compensation of the impugned award within eight weeks from today.

iii) If the applicant/insurer shall not deposit the amount of compensation within eight weeks from today, the stay order would be vacated automatically.

iv) There shall be no extension of time to deposit the amount of impugned award.

( S. G. MEHARE ) JUDGE rrd Signed by: Rajesh Rameshrao Davane Designation: PA To Honourable Judge Date: 14/03/2024 19:52:50