The New India Assurance Company ... vs Smt. Vijaya Vidhyadhar Pathak And ...
2017 Latest Caselaw 6314 Bom

Sherla V.



                                                                    caf.2145.2016+_512.doc


                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION

                                 CIVIL APPLICATION NO.2145 OF 2016
                                                 IN
                                 FIRST APPEAL st. NO.35652 OF 2015
                                               with
                                 CIVIL APPLICATION NO.2146 OF 2016
                                                 IN
                                 FIRST APPEAL st. NO.35652 OF 2015

            The New India Assurance Co. Ltd.               ... Applicant

                    Vs.

            Smt.Vijaya Vidhyadhar Pathak & Ors.            ... Respondents


            Mr.S.M. Dange for the Applicant

                                                CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1. Upon urgent mentioning, taken on Production Board.

2. Civil Application No.2145 of 2016 is filed for condonation of

delay of 36 days in preferring the appeal. Issue notice to the

respondents, returnable on 11.10.2017.

CIVIL APPLICATION NO.2146 OF 2016:-

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

seeks stay to the operation and execution of the impugned

judgement and award dated 7.7.2015 passed by the Motor Accident

caf.2145.2016+_512.doc

Claims Tribunal, Nasik, in MACP No.1313 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 eight weeks.

4. In view of the above, issue notice to the respondents,

returnable on 11.10.2017. Till then, there shall be an ad-interim stay

to the operation and execution of the impugned judgement and

award dated 7.7.2015, subject to the applicant depositing in the

MACT, Nasik, 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 11.10.2017.

(MRIDULA BHATKAR, J.)