The New India Assurance Co. Ltd vs Mr. Niral Ratibhai Patel And Ors
2017 Latest Caselaw 6187 Bom

Sherla V.



                                                                         caf.243.2016_18(2).doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                                CIVIL APPLICATION NO.243 OF 2016
                                               IN
                                 FIRST APPEAL ST. 16461 OF 2015

            The New India Assurance Co. Ltd.               ... Applicant/Appellant
                  Vs.
            Shri Niral Ratibhai Patel & Ors.               ... Respondents


            Ms.Poonam Mittal for the Applicant / Appellant - Insurance Co.

            Mr.R.S. Pawar for Respondent No.1

                                                CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017

P.C.:

1. By this Civil Application, the applicant / insurance Company

seeks stay to the operation and execution of the impugned

judgement and award dated 30.12.2014 passed by the Motor

Accident Claims Tribunal, Nasik, in MACP No.777 of 2010.

2. The learned Counsel for the Insurance Company submitted

that the appellant - insurance company has deposited its 75% of

share of the decretal amount of Rs.2,11,811/- including the interest

accrued thereon. She has also submitted that the other respondents,

who are the vehicle owners, have not filed appeal.

caf.243.2016_18(2).doc

3. Though notices are served on all the respondents, none

appears for the respondents except for respondent No.1.

4. In view of the above, there shall be an interim stay to the

operation and execution of the impugned judgement and award

dated 30.12.2014 passed by the Motor Accident Claims Tribunal,

Nasik, in MACP No.777 of 2010. 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, Nasik.

5. Civil Application stands disposed of.

(MRIDULA BHATKAR, J.)