New India Assurance Co. Limited v. Shri Shivaji Dhondiram Ghorpade And ORS.

13 CAST 31230-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION ST.NO. 31230 OF 2017 IN FIRST APPEAL ST. NO. 31222 OF 2017 New India Assurance Co. Ltd. & Anr.

..... Applicants.

Vs.

Shivaji Dhondiram Ghorpade & Ors.

..... Respondents Mr. A. K. Sharma i/b. Gandhi & Associate for the Applicants. Mr. V. R. Gaikwad for Respondents.

CORAM

: K.K.TATED, J.

DATED : JUNE 20, 2019 P.C.

Heard learned counsel for the parties.

2.

By this Civil Application, Applicant insurance company is seeking stay of operation in implementation of judgment and award dated 22nd March, 2017 passed by the Motor Accident Claims Tribunal, Satara in Motor Accident Claim Petition No. 358 of 2014. ] 3.

The learned counsel for the Applicants submits that the entire awarded amount is already deposited in Tribunal. The statement is accepted.

4.

Considering the submission made by the learned counsel for the Applicants and the averments in Civil Application, I am satisfied that the Applicant had made out a case for allowing this Civil Application. Laxmi Sontakke 1/3

13 CAST 31230-17 5.

Hence, following order is passed.

a.

The operation in implementation of judgment and award dated 22nd March, 2017 passed by the Motor Accident Claims Tribunal, Satara in Motor Accident Claim Petition No. 358 of 2014 is stayed pending the hearing and disposal of the First Appeal. b.

The Tribunal is directed to invest the 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.

The Civil Application stands disposed of accordingly. (K.K.TATED, J.) Laxmi Sontakke 3/3