Iffco-Tokio General Insurance ... vs Sambhaji Mahadeo Ghanvat And Ors
2021 Latest Caselaw 6226 Bom

                                          1        21-IAST 99246-2020 in FAST 99244-2020.odt


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION
               INTERIM APPLICATION (STAMP) NO.99246 OF 2020
                                              IN
                     FIRST APPEAL (STAMP) NO.99244 OF 2020


IFFCO-TOKIO General Insurance Co. Ltd.               ]        ... Applicant/Appellant

           Versus

Sambhaji Mahadeo Ghanvat & Ors.                      ]        ... Respondents

Ms. Deepika Prabhala i/b Res Juris Appellant.
None for Respondents.

                                    CORAM :- PRITHVIRAJ K. CHAVAN, J.

DATE :- 07 APRIL, 2021 (THROUGH VIDEO CONFERENCING)

P. C. :-

1. Heard Ms. Prabhala, learned Counsel for the Applicant /

Appellant. She makes a statement that in view of impending execution of

the Award dated 09/08/2019, passed by the Motor Accident Claims

Tribunal, Satara, in Motor Accident Claim Petition No.131 of 2015, she

seeks stay to the execution and if it is not stayed, the purpose of filing the

Appeal would be frustrated. The learned Counsel, on instructions, makes

a statement that the entire amount with accrued interest would be

deposited in the Tribunal within 4 weeks from today. The statement is

accepted. In view of the said statement, there shall be ad-interim relief in

terms of prayer clause (b) of the Application which reads as under :-

 URS                                                                                     1 of 3





                                        2       21-IAST 99246-2020 in FAST 99244-2020.odt


        "(b)      Pending hearing and final disposal of the first appeal the

execution, implementation and operation of judgment and award dated 09.08.2019 passed by the Learned Member, Motor Accident Claims Tribunal, Satara in MACP No.131 of 2015 may kindly be stayed."

2. After depositing the amount, the Applicant shall intimate the

factum of deposit to the Claimants within one week thereafter.

3. The Claimants are at liberty to withdraw 50% of the amount

of compensation with accrued interest by giving an undertaking at the

time of withdrawal that if the Appeal succeeds, they will refund the entire

amount with interest as would be directed by this Court, subject to the

outcome of the Appeal.

4. After withdrawal of the 50% of the amount, the Tribunal

shall invest the balance amount in fixed deposit in any nationalized bank

initially for a period of 2 years and thereafter subject to the orders of this

Court.

5. Application stands disposed of accordingly.

URS                                                                                  2 of 3





                                        3       21-IAST 99246-2020 in FAST 99244-2020.odt

6. Liberty to the Applicant to deposit the statutory deposit along

with the amount of compensation.

                                                 (PRITHVIRAJ K. CHAVAN, J.)




URS                                                                                  3 of 3