Bombay High Court
Bajaj Allianz General Insurance ... vs Smt. Godavari Bharat Hodar And Ors on 16 August, 2017
Bench: Mridula Bhatkar
Sherla V.
This Order is modified/corrected by Speaking to Minutes Order dated 03/10/2017
caf.1245.2016++_502 to 511n513.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.1245 OF 2016
WITH
CIVIL APPLICATION NO.1246 OF 2016
IN
FIRST APPEAL st. NO.14513 OF 2015
Bajaj Allianz General Insurance Co. Ltd. ... Appellant
Vs.
Godavari Bharat Hodar & Ors. ... Respondents
with
CIVIL APPLICATION NO.1247 OF 2016
WITH
CIVIL APPLICATION NO.1248 OF 2016
IN
FIRST APPEAL st. NO.14489 OF 2015
with
CIVIL APPLICATION NO.1249 OF 2016
WITH
CIVIL APPLICATION NO.1250 OF 2016
IN
FIRST APPEAL st. NO.14498 OF 2015
with
CIVIL APPLICATION NO.1251 OF 2016
WITH
CIVIL APPLICATION NO.1252 OF 2016
IN
FIRST APPEAL st. NO.14360 OF 2015
with
CIVIL APPLICATION NO.1255 OF 2016
WITH
CIVIL APPLICATION NO.1256 OF 2016
IN
FIRST APPEAL st. NO.14486 OF 2015
Page 1 of 4
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This Order is modified/corrected by Speaking to Minutes Order dated 03/10/2017
caf.1245.2016++_502 to 511n513.doc
with
CIVIL APPLICATION NO.1367 OF 2016
WITH
CIVIL APPLICATION NO.1368 OF 2016
IN
FIRST APPEAL st. NO.14357 OF 2015
with
CIVIL APPLICATION NO.1369 OF 2016
WITH
CIVIL APPLICATION NO.1370 OF 2016
IN
FIRST APPEAL st. NO.14502 OF 2015
with
CIVIL APPLICATION NO.1375 OF 2016
WITH
CIVIL APPLICATION NO.1376 OF 2016
IN
FIRST APPEAL st. NO.14448 OF 2015
with
CIVIL APPLICATION NO.1377 OF 2016
WITH
CIVIL APPLICATION NO.1378 OF 2016
IN
FIRST APPEAL st. NO.14483 OF 2015
with
CIVIL APPLICATION NO.1379 OF 2016
WITH
CIVIL APPLICATION NO.1380 OF 2016
IN
FIRST APPEAL st. NO.14364 OF 2015
with
CIVIL APPLICATION NO.2199 OF 2016
WITH
CIVIL APPLICATION NO.2200 OF 2016
IN
FIRST APPEAL st. NO.30800 OF 2015
Page 2 of 4
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This Order is modified/corrected by Speaking to Minutes Order dated 03/10/2017
caf.1245.2016++_502 to 511n513.doc
Ms.Yogita Deshmukh for the Applicants/Insurance Company
Mr.A.M. Gokhale for Respondents in all the applications.
CORAM: Mrs.MRIDULA BHATKAR, J.
DATED: AUGUST 16, 2017
P.C.:
1. Upon urgent mentioning, taken on Production Board.
2. All these Civil Applications and the First Appeal arise out of a
single accident and a common impugned judgment and order
dated 28.8.2014 passed by the learned Member, Motor Accident
Claims Tribunal, Mumbai.
3. The Civil Applications are filed for condonation of delay and
also for stay of the impugned judgment and order dated 28.8.2014
in various Motor Accident Claim Petitions, as execution
proceedings have been taken out against the 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 six weeks.
4. Heard.
5. Issue notice to the respondents in all the Civil Applications,
returnable on 27.9.2017.
This Order is modified/corrected by Speaking to Minutes Order dated 03/10/2017
caf.1245.2016++_502 to 511n513.doc
6. In view of the above, issue notice to the respondents,
returnable on 27.9.2017. Till then, there shall be an ad-interim
stay to the operation and execution of the impugned judgement
and award dated 28.8.2014, subject to the Insurance Company
depositing in the MACT, Solapur, the entire decretal amount
alongwith interest accrued thereon, within a period of six weeks
from today. The statutory amount of Rs.25,000/- deposited in this
Court at the time of filing of each of the appeals shall be
transferred to the Motor Accident Claims Tribunal.
7. S.O. to 27.9.2017.
(MRIDULA BHATKAR, J.)
