National Insurance Company Limited Nashik Thr. The Divisional Manager v. Sunandabai Suresh Bagul And ORS.

Digitally signed by ANANT KRISHNA NAIK Date:

2024.08.19 13:31:18 +0530 ANANT KRISHNA NAIK 69.IA.7498.2024 (stay).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7498 OF 2024 IN FIRST APPEAL (ST) NO.9802 OF 2024 National Insurance Company Limited ... Applicant versus Sunandabai Suresh Bagul and Ors.

.... Respondents **** Ms. S. S. Dwivedi for the Applicant Ms Zeel Jain i/b. Mr. Anilkumar Patil for the Respondent Nos. 1 to 3 Mr. Sarvesh Deshpande a/w. Mr. Pratik Ingale i/b. Mr. Pratik Sabrad for the Respondent No. 4 CORAM :

M. M. SATHAYE, J.

DATED :

16 AUGUST 2024 P.C.:

1.

Heard learned Counsel for the parties. This is an application for interim stay to impugned Judgment and Award.

2.

Learned Counsel for the Applicant-Insurance Company states that the entire amount under the impugned Award has been deposited in the Motor Accident Claims Tribunal, Malegaon. She has placed on record the copy of the email showing UTR number and endorsement from the Tribunal. The same is taken on record.

3.

In that view of the matter, the Interim Application is allowed. Pending the hearing and final disposal of above Appeal, the impugned Judgment and akn 1/2

69.IA.7498.2024 (stay).doc Award dated 06.05.2023 passed by Motor Accident Claims Tribunal, Malegaon in M.A.C.P. No.276 of 2018 is stayed. 4.

The statutory amount deposited by the Applicant - Insurance Company be transferred to the concerned Tribunal for appropriate adjustment. Needless to mention that the Respondents/Claimants will be at liberty to file an Application for withdrawal, which will be decided on its own merits.

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