Bajaj Allianz General Insurance ... vs Smt. Kunda Dattatraya Kamathe And ...
2017 Latest Caselaw 6216 Bom

Sherla V.



                                                                          caf.4069.2017_13.doc


                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                    CIVIL APPLICATION NO.4069 OF 2015
                                                    IN
                                    FIRST APPEAL (ST) NO.29713 OF 2015

            Bajaj Allianz General Insurance Company Ltd.      ... Applicant/Appellant
                  Vs.
            Smt.Kunda Dattatraya Kamathe & Ors.               ... Respondents


            Ms.Yogita Deshmukh for the Appellant Insurance Company
            Mr.T.J. Kapre i/b J.S. Kapre for Respondents/claimants

                                                   CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017

P.C.:

1. This is an application for stay of the impugned judgment and award

dated 21.2.2014 passed by the learned Member, Motor Accident Claims

Tribunal, Raigad-Alibag in MACP No.19 of 2010. The learned Counsel for

the applicant/Insurance Company submits that the insurance company

has deposited the entire decretal amount alongwith interest accrued

thereon and hence, the said impugned judgement and award be stayed.

2. Learned Counsel for the respondents has opposed the application.

3. Heard the submissions made by the learned Counsel for the parties.

As the amount awarded by the Tribunal is deposited, the impugned

judgment and award dated 21.2.2014 passed by the learned Member,

caf.4069.2017_13.doc

Motor Accident Claims Tribunal, Raigad-Alibag in MACP No.19 of 2010 is

stayed.

4. Civil Application is disposed of accordingly.

(MRIDULA BHATKAR, J.)