Hdfc Ergo General Insurance Co. ... vs Tunidevi Samali Ram And Ors
2021 Latest Caselaw 1025 Bom

                                                                 18-IA-52-2021.doc


           Shailaja


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CIVIL APPELLATE JURISDICTION
                                  INTERIM APPLICATION NO.52 OF 2021
                                                   IN
                                 FIRST APPEAL [STAMP] NO.372 OF 2021


           HDFC ERGO General Insurance Co. Ltd.            ]    Applicant
                      Vs.
           Tunidevi Samali Ram and others.                 ]    Respondents
                                             .....
           Mr. Abhijeet Kulkarni, for Applicant.
           None for Respondents.
                                             .....

                                                CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                DATE    : 15th JANUARY, 2021.

           P.C.

1. This is an application seeking stay to the execution and implementation of the Judgment and Award dated 7 th January, 2020 passed by the learned Member, Motor Accidents Claim Tribunal, Mumbai in M.A.C.P No.2171 of 2013.

2. Heard learned Counsel for the applicant.

3. Learned Counsel appearing for the applicant undertakes to deposit entire amount of compensation with interest in M.A.C.T, Mumbai within four weeks from today. Undertaking is accepted.

                Digitally signed by
Shailaja        Shailaja S.
S.              Halkude
                Date: 2021.01.18
Halkude         12:03:58 +0530
                                                                                     1 of 3
                                                 18-IA-52-2021.doc

4. In view of the undertaking rendered by the learned Counsel for the applicant, there shall be ad-interim relief in terms of prayer clause (a), subject to deposit of the amount as above.

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

6. If the applicant fails to deposit the entire amount within four weeks, respondents-claimants are at liberty to execute the Award forthwith.

7. The respondents are at liberty to withdraw 50% of the amount that would be deposited by the applicant before the concerned M.A.C.T upon furnishing an undertaking within one week that if the appellant succeeds in the appeal, the respondents will return the amount with interest at such rate as would be directed by this Court depending upon the outcome of the first appeal.

8. 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 the fixed deposit of a Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

9. 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.

2 of 3 18-IA-52-2021.doc

10. S.O to 12th February, 2021.

11. This order will be digitally signed by the Personal Assistant of this Court. All concerned shall act on production by fax or e- mail of a digitally signed copy of this order.

[PRITHVIRAJ K. CHAVAN, J.]

3 of 3