Shriram General Insurance Companyltd. Through Legal Manager, Mr. Swapnil Deshmukh v. Mr. Sanjay Annaso Bele And ORS.

104-caf-4480-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4480 OF 2018 IN FIRST APPEAL NO.35119 OF 2018 Shriram General Insurance Co. Ltd .. Applicant

Versus

Sanjay Annaso Bele and Ors.

.. Respondents Mr. Rahul Mehta I/b KMC Legal for applicant.

Mr. Kuldeep Nikam for respondent No.2.

CORAM : K.K. TATED, J.

DATE : 11 MARCH 2019.

P.C:- .

Heard learned Counsel for parties.

2.

Advocate for applicant-Insurance Company submits that by this civil application they are seeking stay of the operation and implementation of the impugned judgment and award dated 25.07.2018 passed by the Motor Accident Claim Tribunal, Sangli in Motor Accident Claim Petition No.169 of 2014 awarding a sum of Rs.11,62,488/- along with interest at the rate of 6% per annum in favour of respondent/original claimants.

3.

The learned Counsel for the applicant submits that they already deposited the entire amount along with interest before the tribunal. Statement is accepted.

S.C.Magar

104-caf-4480-2018.doc 4.

Considering the submissions made by learned Counsel for the applicant and averments made in civil application, I am satisfied that the applicant has made out case for allowing this civil application. Hence, following order :- a) Operation and implementation of the impugned judgment and award dated 25.07.2018 passed by Motor Accident Claim Tribunal, Sangli in Motor Accident Claim Petition No.169 of 2014 is stayed till the hearing and final disposal of the First Appeal.

b) Motor Accident Claim Tribunal, Sangli is directed to invest the entire amount in Fixed Deposit of any nationalized bank for a period of one year and same to be continued till further orders.

c) Liberty granted to the respondent/original claimant to prefer an appropriate application for withdrawal of the said amount.

d) Civil application stands disposed of.

(K.K. TATED, J.) S.C.Magar