The New India Assurance Co. Ltd. ... vs Smt. Poonam Rajendrakumar Singh ...
2021 Latest Caselaw 17892 Bom

Dusane                                       1/2              6 caf 49.16 in FAST 6005.doc


                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION

                           CIVIL APPLICATION NO.49 OF 2016
                                          IN
                          FIRST APPEAL (ST.) NO.6005 OF 2015




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

            Vs.

    Smt. Poonam Rajendrakumar Singh....                   Respondents
    & Ors.


    Mr. Devendranath S. Joshi for Applicant.
    None for Respondents.

                                        Coram : MADHAV J. JAMDAR, J.

Date : 22ND DECEMBER, 2021 P.C.:

1. In this application by order dated 7th January, 2016 passed

by this Court, the applicants/Insurance Company were directed to

deposit the entire decretal amount alongwith interest thereon in the

trial Court.

2. Mr. Joshi states that accordingly the entire decretal amount

alongwith interest is deposited in the trial Court. This Court by the said

Dusane 2/2 6 caf 49.16 in FAST 6005.doc

order, granted ad-interim stay to the operation and execution of the

impugned judgment and order.

3. Today none appears for Respondent Nos. 1 and 2, who are

contesting Respondents. No affidavit-in-reply is filed. As the entire

decretal amount is deposited in the trial Court, the Civil Application is

allowed in terms of prayer clause (a) on the condition that Respondent

Nos. 1 and 2 are at liberty to withdraw 50% of amount as per the share

as directed by the learned Member, M.A.C.T., Mumbai by judgment and

award dated 7th May, 2014 passed in Motor Accidents Claim Tribunal,

Mumbai in M.A.C.P. No. 45 of 2007.

( MADHAV J. JAMDAR, J. )