The New India Assurance Company ... vs Mrs. Kanta Rama Diva And Ors
2017 Latest Caselaw 6243 Bom

Sherla V.



                                                                        caf.4113.2016+_515.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                               CIVIL APPLICATION NO.4113 OF 2016
                                               IN
                               FIRST APPEAL ST. NO.16412 OF 2016
                                              A/W
                               CIVIL APPLICATION NO.4114 OF 2016
                                               IN
                               FIRST APPEAL ST. NO.16412 OF 2016

            The New India Assurance Company Ltd. ... Applicant/Appellant

                    Vs.

            Smt.Kanta Rama Diva & Ors.                          ... Respondents


            Ms.Poonam Mittal for the Applicant/Appellant

                                                CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1. Upon urgent mentioning, taken on Production Board.

2. Civil Application No.4113 of 2016 is filed for condonation of

delay of 55 days in preferring the appeal. Issue notice to the

respondents, returnable on 27.9.2017.

CIVIL APPLICATION NO.4114 OF 2016:-

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

seeks stay to the operation and execution of the impugned

caf.4113.2016+_515.doc

judgement and award dated 29.10.2015 passed by the Motor

Accident Claims Tribunal, Vasai, in MACP No.109 of 2011, 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.

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 29.10.2015 subject to the applicant depositing in the MACT,

Vasai, 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.

5. S.O. to 27.9.2017.

(MRIDULA BHATKAR, J.)