The Oriental Insurance Co. Ltd. ... vs Smt. Pratibha Prabhakar Chavan ...
2021 Latest Caselaw 13994 Bom

                  sat                                                                   14. fa 198-2021



                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION

                                               FIRST APPEAL NO. 198 OF 2021
                                                           WITH
                                           INTERIM APPLICATION NO. 1090 OF 2021

                        The Oriental Insurance Co.Ltd.                     ...Appellant/Applicant
                             vs.
                        Smt.Pratibha Prabhakar Chavan & Ors.                     ...Respondents

                        Mr.Devendranath S. Joshi for Appellant.
                        Ms.Varsha Chavan for Respondent Nos.1 to 3.

                                                            CORAM : BHARATI DANGRE, J.

DATED : 28 SEPTEMBER 2021

P.C. :

. Heard learned Counsel for the Appellant and learned Counsel for the Respondents.

2. The present appeal challenges the judgment and award dated 6 February 2020 passed by the Motor Accident Claims Tribunal, Mumbai in MACP No.378/2015 directing the Appellant to pay compensation to Respondent Nos.1 to 3.

As far as Respondent Nos.1 to 3 are represented by Advocate and she waives notice on behalf of the aforesaid Respondents.

3. Issue notice to Respondent No.4 making it returnable on 25 October 2021. The Appellant is also permitted to serve the Respondent by private service.

Digitally signed by SANSKRUTI SANSKRUTI A THAKUR A THAKUR Date:

2021.09.30 10:44:32 +0530

sat 14. fa 198-2021

4. Learned Counsel for the Appellant submits that the notice of execution is received by the Appellant and he apprehend that warrant of attachment of property is likely to be issued. Learned Counsel, at the outset, states that the Insurance company is ready and willing to deposit the entire amount awarded by the Tribunal and pray that the execution proceedings for implementation of the award be stayed.

5. The statement made by the Appellant is recorded. The amount, as directed by the award, to the tune of Rs.62,21,079/- with interest at the rate of 7.5% p.a. till 31 August 2021 shall be deposited before the MACT, Mumbai within a period of four weeks from today.

On the amount being deposited, the impugned judgment and order is stayed.

(SMT. BHARATI DANGRE, J.)