Bajaj Allianz General Insurance Co. Ltd. v. Shri. Prataparo Anandrao Shinde And ORS.

52 caf 992-14=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 992 OF 2014 IN FIRST APPEAL NO. 259 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Yogita Deshmukh i/b M. M. Sathey for the applicant.

Mr. K. P. Shah for the respondent.

CORAM : K. K. TATED, J.

DATED : 26/02/2016 P.C.:

.

Heard learned Counsel for the parties.

This application is preferred by Insurance Company for stay of operation and implementation of Judgment and Award dated 10.07.2013 passed by the Motor Accident Claims Tribunal, Satara in M.A.C.P. No. 14 of 2008.

The learned Counsel for the applicant submits that as per Order dated 26.03.2014 passed by this Court, they have deposited the entire awarded amount in the Tribunal. Statement is accepted. Considering the submissions made by learned counsel for the applicant and averments made in civil application, I am satisfied that applicant has made out the case for allowing the civil application. Sneha Chavan 1/2

52 caf 992-14=.doc Hence, following order is passed:

a) Civil application is allowed in terms of prayer clause (a), which reads thus:

"a) That pending hearing and final disposal of the present First Appeal, the effect, operation, implementation and execution of the impugned Judgment and Award dated 10.07.2013 passed by the Member, Motor Accident Claims Tribunal, Satara, in M.A.C.P. No. 14 of 2008 and disbursal of amount there under, be kindly stayed."

b) The Tribunal is directed to invest the entire amount, if it is not invested, in Fixed deposits of any Nationalised Bank, initially for the period of one year and same to be continued till hearing and final disposal of the First Appeal.

c) Liberty granted to the respondents claimants to take out appropriate application, if they so desire, for withdrawal of the amount and that application will be decided on its own merits. d) Civil Application stands disposed of accordingly.

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