The Manager, Bharti Axa General ... vs Sau Prerana Shrikrishna Kulkarni ...
2021 Latest Caselaw 3583 Bom

                                                                            15-95252-2020-IAst-stay=.doc


                         Uday S. Jagtap


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                          INTERIM APPLICATION (ST.) NO. 95252 OF 2020
                                                               IN
                                              FIRST APPEAL (ST.) NO. 95249 OF 2020

                         Bharti Axa General Insurance Co. Ltd.              .. Applicant

                                  Vs.

                         Sou. Prerana Shrikrishna Kulkarni & Ors.           .. Respondents

                                                          .....
                         Mr. Nikhil Mehta i/b KMC Legal Venture for the applicant
                         Mr. Dilip Bodake for the respondents

                                                           CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 25th FEBRUARY, 2021 P.C.

1. By this application, the appellant / applicant - Bharti Axa General Insurance Co. Ltd. has prayed for staying the execution of judgment and award dated 12th April, 2018 passed by the M.A.C.T., Pune in M.A.C.P. No. 108 of 2015.

2. It is contended that the applicant - insurer has a goods case on merits. However, if the execution is not stayed, the appeal will become infructuous.

3. The impugned judgment and award passed by the M.A.C.T., Pune directs recovery of the amount of compensation to the tune of Rs.1,08,38,701/- from the respondents jointly and severally, who are both the present appellants Bharti Axa General Insurance and the

Digitally Manager, New India Assurance Co. Ltd. along with Wings Travels signed by UDAY UDAY SHIVAJI JAGTAP SHIVAJI Date:

JAGTAP    2021.03.01
          11:45:52
          +0530

                                                                                               1 of 3
                                                  15-95252-2020-IAst-stay=.doc


Management India Pvt. Ltd.

4. Mr. Mehta, hands in photostat copy of the receipts indicating deposit of Rs.76,94,268/- by Bharti Axa General Insurance Co. in M.A.C.T., Pune on 12th January, 2021 and deposit of Rs.77,83,378/- by the New India Assurance Co. Ltd.

5. It appears that the entire decreetal amount has already been deposited by both the insurers in M.A.C.T., Pune.

6. Since this appeal is filed by Bharti Axa General Insurance Co. Ltd., there shall be ad-interim relief in terms of prayer clause (a) in respect of the present appellant.

7. Mr. Bodake, learned Counsel appearing for respondents - original claimants prays for withdrawal of the amount of compensation deposited by the present appellant for meeting their day-to-day expenses.

8. Mr. Mehta, learned Counsel for the applicant - insurer objects withdrawal of the amount.

9. However, considering the ages of the respondents - claimants, at this stage, they are permitted to withdraw 50% of the amount deposited by this applicant with accrued interest before the concerned M.A.C.T upon furnishing an undertaking within two weeks that if the appellant succeeds in the appeal, the respondents shall return the amount with interest at such rate as would be

2 of 3 15-95252-2020-IAst-stay=.doc

directed by this Court depending upon the outcome of the first appeal.

10. If respondents do not file an undertaking within the aforesaid period, the amount that would be deposited by the applicant shall be invested by the M.A.C.T in a fixed deposit in any Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

11. If 50% amount is withdrawn by the respondents, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

12. The application stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.)

3 of 3