Hdfc Ergo General Insurance Co. ... vs Smt. Suhasini Balasaheb Wahane ...

Citation : 2017 Latest Caselaw 6173 Bom
Judgement Date : 16 August, 2017

Bombay High Court
Hdfc Ergo General Insurance Co. ... vs Smt. Suhasini Balasaheb Wahane ... on 16 August, 2017
Bench: Mridula Bhatkar
Sherla V.



                                                                          caf.2350.2017_541.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                               CIVIL APPLICATION NO.2350 OF 2017
                                               IN
                               FIRST APPEAL ST. NO.2999 OF 2017
                                             with
                               FIRST APPEAL ST. NO.2999 OF 2017

            HDFC Ergo General Insurance Co. Ltd. ... Applicant/Appellant

                    Vs.

            Suhasini Wahane                                ... Respondent


            Mr.Manoj Badgujar i/b A.P. Kulkarni for the Applicant/Appellant
            None for Respondent

                                                CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1. Upon urgent mentioning, taken on Production Board.

2. Leave to amend. Amendments to be carried out within two weeks from today.

3. By this Civil Application, the applicant / insurance Company seeks stay to the operation and execution of the impugned judgement and award dated 13.10.2016 passed by the Motor Accident Claims Tribunal, Mumbai, in MACP No.2056 of 2010 on the ground that execution proceedings have been taken out against the 1/2 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 15:58:59 ::: caf.2350.2017_541.doc insurance company. The learned Counsel for the Insurance Company submits that the insurance company is ready to deposit the entire decretal amount alongwith interest accrued thereon, within a period of eight weeks.

4. In view of the above, issue notice to the respondents, returnable 11.10.2017. Till then, there shall be an ad-interim stay to the operation and execution of the impugned judgement and award dated 13.10.2016, subject to the applicant depositing in the MACT, Mumbai, the entire decretal amount alongwith interest accrued thereon, within a period of eight weeks from today. The statutory amount of Rs.25,000/- deposited in this Court at the time of filing of appeal shall be transferred to the Motor Accident Claims Tribunal.

5. S.O. to 11.10.2017.

(MRIDULA BHATKAR, J.) 2/2 ::: Uploaded on - 19/08/2017 ::: Downloaded on - 28/08/2018 15:58:59 :::