Bombay High Court
Cholamandal Ms Generalinsurance ... vs Kalpesh Karsanbhai Valendra And ... on 14 January, 2021
Bench: P. K. Chavan
This Order is modified/corrected by Speaking to Minutes Order dated 20/01/2021
04-IA.95868.2021 for stay.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.45 OF 2021
IN
FIRST APPEAL (STAMP) NO.95867 OF 2020
Cholamandal MS General Insurance Co. Ltd. ...Applicant
V/S
Kalpesh Karsanbhai Valendra & Anr. ...Respondents
......
Ayodhya Patki i/b. Nitesh Bhulekar for Applicant.
T.J. Mendon for Respondent No.1.
......
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATED : 14TH JANUARY, 2021.
P.C.
This is an application seeking stay to the execution and
implementation of the Judgment and Award dated 19 December 2019
passed by the learned Member, Motor Accident Claims Tribunal, Mumbai
in M.A.C.P No.1603 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 three weeks from today. Undertaking is accepted. However, he
Tauseef 1 of 3
This Order is modified/corrected by Speaking to Minutes Order dated 20/01/2021
04-IA.95868.2021 for stay.doc
contends that this is a case in which an issue of fake policy is involved and,
therefore, the amount of compensation may not be disbursed in favour of
the respondents-claimants.
4. The award is to the tune of Rs.5,21,308/- (Rupees Five Lakhs
Twenty One Thousand Three Hundred Eight Only) with interest @ 7.5%
per annum.
5. If the Applicant fails to deposit the amount as aforesaid, the
respondents - claimants are at liberty to execute the award.
6. After depositing the amount under award, the respondents
will be at liberty to withdraw 50% of the amount with an undertaking that
in case the Applicant succeeds in this appeal, the respondent would return
the amount with interest that would be decided by this Court at the
relevant time.
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 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.
Tauseef 2 of 3
This Order is modified/corrected by Speaking to Minutes Order dated 20/01/2021
04-IA.95868.2021 for stay.doc
8. If 50% amount is withdrawn by the respondents, balance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.
9. The application stands disposed of.
(PRITHVIRAJ K. CHAVAN, J.)
Tauseef 3 of 3
