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Bombay High CourtCAF/215/2015disposed off

Icici Lombard General Insurance Company Limited Throug Mr. Satpalsingh Rajput-Legal Manager v. Mr. Tanaji Babu Daware And ORS.

2016-02-22Hon'Ble Shri Justice K.K. Tated2 pages

33.215.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.215/2015 IN FIRST APPEAL (ST) NO. 34626/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nikhil Mehta i/b. KMC Legal Venture for the Applicant Mr. Vasant Kadam i/b. Yuvraj P. Narvankar for the Respondent Nos.1 to 3.

CORAM : K. K. TATED, J.

DATE : FEBRUARY 22, 2016 P.C.:

1.

Heard. This Application is made by the Insurance Company for stay of the operation and implementation of the impugned judgment and award dated 19/05/2014 passed by MACT, Satara in MACP No.647/2010 holding that the Respondent­claimant are entitled to sum of Rs.18,20,000/­ with 7% p.a. interest by way of compensation.

2.

The learned counsel for the Applicant submits that as per order dated 30/01/2015 passed by this court, they already deposited the entire awarded amount in the Tribunal. Statement is accepted.

Basavraj G Patil 1/2

33.215.15-caf 3.

Considering the submissions made by the learned counsel for the Applicant and as the entire awarded amount is deposited by the Insurance Company in the Tribunal, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

4.

Hence, the following order:

a) The operation and implementation of the impugned judgment and award dated 19/05/2014 passed by MACT, Satara in MACP No.647/2010 is stayed.

b) The Tribunal is directed to invest the entire awarded 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 hearing and final disposal of the appeal.

c) Liberty granted to the claimants to make an appropriate Application for withdrawal of awarded amount, if they so desire, which will be decided on its own merits d) Civil application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2