Hdfc Ergo General Insurance Co. ... vs Smt. Suhasini Balasaheb Wahane ...
2017 Latest Caselaw 6209 Bom

Sherla V.



                                                                          caf.2364.2017_540.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                               CIVIL APPLICATION NO.2364 OF 2017
                                               IN
                               FIRST APPEAL ST. NO.2085 OF 2017
                                             with
                               FIRST APPEAL ST. NO.2085 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 Respondents

                                                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.2057 of 2010 on the

ground that execution proceedings have been taken out against the

caf.2364.2017_540.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 27.9.2017. 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 27.9.2017.

(MRIDULA BHATKAR, J.)