The New India Insurance ... vs Dindayal Shankalalaji Pawar ...
2021 Latest Caselaw 925 Bom

                                                                        11-IA.ST.44.2021.doc

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                          INTERIM APPLICATION (STAMP) NO.44 OF 2021
                                             IN
                            FIRST APPEAL (STAMP) NO.98425 OF 2020


          New India Assurance Company Ltd.              ...Applicant
                     V/S
          Dindayal Pawar & Ors.                         ...Respondents

                                           ......
          Ms. Deepika Motagi Prabhala for Applicant.
          Mr. Dindayal Shankalalaji Pawar & Mrs. Gita Devi Dindayal Pawar for
          Respondent Nos.1 and 2 present.

                                                ......
                                          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 17 December 2019

passed by the learned Member, Motor Accident Claims Tribunal, Pune in

M.A.C.P No.105 of 2015.

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, Pune

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within three 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 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) of the Interim Application, 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, 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 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

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the outcome of the first appeal.

9. 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.

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.

                                                  (PRITHVIRAJ K. CHAVAN, J.)




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