Reliance Gen. In. Co. Pvt. Ltd vs Vaishali Yatin Chogule And Anr
2021 Latest Caselaw 3586 Bom

                                                                            13-94592-2020-IAst-stay=.doc


                         Uday S. Jagtap
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                          INTERIM APPLICATION (ST.) NO. 94592 OF 2020
                                                               IN
                                              FIRST APPEAL (ST.) NO. 94591 OF 2020

                         The Reliance General Insurance Co. Ltd.           .. Applicant
                               Vs.
                         Smt. Vaishali Yatin Chougule & Ors.               .. Respondents

                                                          .....
                         Ms. Kalpana R. Trivedi for the applicant / appellant
                         None for the respondents
                                                        CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 25th FEBRUARY, 2021 P.C.

1. This is an appeal by Reliance General Insurance Company against a judgment and award passed by the M.A.C.T., Mumbai in a death claim, in which only an amount of Rs.4,26,000/- has been awarded to the legal representatives of the deceased. It is submitted by the learned Counsel for the applicant that appeal is filed only on the ground of quantum.

2. The learned Counsel for the applicant submits that the amount of compensation with accrued interest will be deposited in M.A.C.T. within a period of two weeks from today. Statement is accepted.

3. In view of the statement made, there shall be ad-interim relief in terms of prayer clause (a) of the application, s ubject to deposit of the amount as above.

Digitally signed by UDAY

4. If the applicant fails to deposit the entire amount within two UDAY SHIVAJI JAGTAP SHIVAJI Date:

JAGTAP    2021.03.01
          11:44:39
          +0530




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weeks, ad-interim relief shall stand vacated without further reference to the Court.

5. After depositing the amount, the applicant shall inform the respondents-claimants about the factum of deposit within one week.

6. The respondent no.1 is at liberty to withdraw 60% of the amount that would be deposited by the applicant 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 directed by this Court depending upon the outcome of the first appeal.

7. If respondent no.1 does 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.

8. If 60% amount is withdrawn by the respondent no.1, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

9. The application stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.)

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