Cholamandalam M.S. General ... vs Smt. Sunita Devidas Pandav And Ors
2021 Latest Caselaw 757 Bom

                                                                                      5-IA-1522-2019.doc


                            .,Shailaja


                                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                       CIVIL APPELLATE JURISDICTION
                                                   INTERIM APPLICATION NO.1522 OF 2019
                                                                    IN
                                                   FIRST APPEAL [STAMP] NO.27242 OF 2019


                            Cholamandalam MS General Insurance               ]
                            Company Ltd.                                     ]    Applicant
                                           Vs.
                            Sunita Pandav and others.                        ]    Respondents
                                                         .....
                            Ms. Deepika Prabhala a/w Rajesh Kanojia i/b Res Juris, for
                            Applicant.
                            None for Respondents.
                                                        .....
                                                  CORAM : PRITHVIRAJ K. CHAVAN, J.

DATE : 13 th JANUARY, 2021.

(Through Video Conferencing)

P.C.

1. By this application, the applicant-insurer has prayed for staying the execution and implementation of the judgment and Award dated 30th April, 2019 passed by the learned Member, Motor Accident Claims Tribunal, Nashik in M.A.C.P No.747 of 2016 which is for an amount of Rs.19,29,940/-.

2. Heard learned Counsel for the applicant.

1 of 3 Shailaja S. Digitally signed by Shailaja S.

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3. Learned Counsel appearing for the applicant undertakes to deposit entire amount of compensation with interest in M.A.C.T, Nashik within four weeks from today. Undertaking is accepted. However, she contends that this is a case in which an issue of fake policy is involved and, therefore, the amount of compensation may be not be disbursed in favour of the respondents-claimants.

4. In my opinion, this aspect can be dealt with while hearing the appeal on merits.

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

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

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

8. 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 applicant 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.

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9. If the 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.

10. 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.

11. The application stands disposed of.

12. 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.]

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