Tata Aig General Insurance Co. Ltd vs Smt. Gangubai Dilip Bhosale And ...
2017 Latest Caselaw 6214 Bom

Sherla V.



                                                                             caf.867.2017_520.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                                CIVIL APPLICATION NO.867 OF 2017
                                               IN
                                  FIRST APPEAL NO.270 OF 2017

            TATA AIG General Insurance Co. Ltd.             ... Applicant/Appellant

                    Vs.

            Gangubai Dilip Bhosale & Ors.                         ... Respondents


            Mr.D.S. Joshi for the Applicant/Appellant

                                                CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1. Upon urgent mentioning, taken on Production Board.

2. By the Civil Application, the applicant / insurance Company

seeks stay to the operation and execution of the impugned

judgement and award dated 3.12.2015 passed by the Motor Accident

Claims Tribunal, Baramati, in MACP No.19 of 2012, on the ground

that 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.

caf.867.2017_520.doc

3. 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 3.12.2015 subject to the applicant depositing in the

MACT, Baramati, 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 appeal shall be transferred to the Motor Accident Claims

Tribunal.

4. S.O. to 27.9.2017.

(MRIDULA BHATKAR, J.)