United India Insurance Co. ... vs Smt. Sunita Gopal Dashpute And Ors
2017 Latest Caselaw 6318 Bom

Sherla V.



                                                                      caf.2952.2016+_514(2).doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION

                               CIVIL APPLICATION NO.2952 OF 2016
                                               IN
                               FIRST APPEAL ST. NO.12220 OF 2016

            United India Insurance Co. Ltd.                ... Applicant/Appellant
                 Vs.
            Sunita G. Dashpute & Ors.                      ... Respondents


            Mr.Amol Gatne for the Applicant/Appellant
            Ms.Yogita Deshmukh i/ b M.M. Sathaye for Respondent Nos.1 to 4

                                                CORAM: MRS.MRIDULA BHATKAR, J.

DATE: AUGUST 16, 2017 P.C.:

1. Upon urgent mentioning, taken on Production Board.

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

seeks stay to the operation and execution of the impugned

judgement and award dated 23.7.2015 passed by the Motor Accident

Claims Tribunal, Nasik, in MACP No.52 of 2010, 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.2952.2016+_514(2).doc

3. Heard. At the request of the learned Counsel for the applicant,

notice on respondent Nos.5 to 7 is dispensed with.

4. S.O. to 22.11.2017. Till then, there shall be an ad-interim stay

to the operation and execution of the impugned judgement and

award dated 23.7.2015, subject to the applicant depositing in the

MACT, Nasik, 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.

(MRIDULA BHATKAR, J.)