Chola Ms General Insurance Co. Ltd.,Chennai v. Tarabai Dyandev Khot Thr. Poa Suresh Jagannath Khot And ORS.

64.IA.355.2024-Stay.doc by ANANT KRISHNA NAIK Date:

2024.08.19 13:12:56 +0530 ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 355 OF 2024 IN FIRST APPEAL (STAMP) NO. 639 OF 2024 Chola MS General Insurance Co. Ltd.

...Applicant

Versus

Tarabai Dyandev Khot Through POA Suresh Jagannath Khot And Ors.

...Respondents

**** Mr. Sarthak S. Diwan for the Applicant.

None for the Respondents.

**** CORAM :

M. M. SATHAYE, J.

DATED :

16 AUGUST 2024 P.C.:

1.

Heard learned Counsel for the Applicant - Insurance Company. None for the Respondent No. 1/Original Claimant though served. 2.

This Application is for interim stay to the impugned Judgment and Award passed by Motor Accident Claims Tribunal (M.A.C.T.), Kolhapur. Office note shows that Applicant - Insurance Company has deposited the amount in the Tribunal.

3.

In that view of the matter, the Interim Application is allowed in terms of prayer clause (b), which reads thus:

"(b). That pending hearing and final disposal of the present First Appeal, the effect, operation, akn 1/2

64.IA.355.2024-Stay.doc implementation and execution of the impugned judgment and award dated 10.04.2023 passed by extra Joint District Judge & Additional Sessions Judge as Member M.A.C.T. Kolhapur and disbursal of amount there under, be kindly stayed."

4.

The statutory amount deposited in this Court by the Applicant - Insurance Company be transferred to M.A.C.T., Kolhapur for appropriate adjustment. Needless to mention that the Claimants are at liberty to file application for withdrawal of the amount, which will be decided on its own merits.

5.

The Interim Application is disposed of.

(M. M. SATHAYE, J.) akn 2/2