The New India Assurance Co.Ltd vs Smt.Sarla Kiran Sonawane And Ors
2017 Latest Caselaw 6317 Bom

Sherla V.
                    This Order is modified/corrected by Speaking to Minutes Order dated 07/09/2017

                                                                                     caf.2351.2017+_534.doc


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                                 CIVIL APPLICATION NO.2351 OF 2017
                                                 IN
                                 FIRST APPEAL ST. NO.7206 OF 2017
                                                A/W
                                 CIVIL APPLICATION NO.2353 OF 2017
                                                 IN
                                 FIRST APPEAL ST. NO.7206 OF 2017

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

                     Vs.

            Sarla Kiran Sonawane & Ors.                             ... Respondents


            Mr.S.M. Dange 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. Civil Application No.2351 of 2017 is filed for condonation of

delay of 40 days in preferring the appeal. Issue notice to the

respondents, returnable on 11.10.2017.

CIVIL APPLICATION NO.2353 OF 2017:-

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

seeks stay to the operation and execution of the impugned

This Order is modified/corrected by Speaking to Minutes Order dated 07/09/2017

caf.2351.2017+_534.doc

judgement and award dated 24.9.2016 passed by the Motor Accident

Claims Tribunal, Mumbai in MACP No.16 of 2013. 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 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 24.9.2016 by the Motor Accident Claims Tribunal,

Mumbai in MACP No.16 of 2013, subject to the applicant depositing

in the MACT, Mumbai, 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, Mumbai.

5. S.O. to 11.10.2017.

(MRIDULA BHATKAR, J.)