Cholamandalam General Insurance ... vs Dinkar Madhukar Bondge And Ors
2022 Latest Caselaw 3742 Bom

                                                           33-IA-2149-2022.doc




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO.2149 OF 2022
                                 IN
                     FIRST APPEAL NO.316 OF 2022

CHOLAMANDALAM GENERAL INSURANCE                      )
CO. LTD.                                             )...APPLICANT

         V/s.

DINKAR MADHUKAR BONDGE & ORS.                        )...RESPONDENTS


Mr.Ayodhya Patki i/by. Mr.Nitesh Bhutekar, Advocate for the
Applicant.


                            CORAM       : BHARATI DANGRE, J.

                            DATE        : 6th APRIL 2022

P.C. :


1        In     the   present   application,   the   applicant/appellant

Insurance Company seeks stay of the impugned judgment and

award dated 20th March 2020 passed by the MACT Mumbai in

MACP No.1850 of 2015.

AVK                                                                   1/2
                                                                             33-IA-2149-2022.doc




                      2     Heard the learned counsel for the applicant/appellant who

submits that the appeal involves issues of great importance as the

position of law about "Pay and Recover", is not even adverted to

by the learned Judge, while fastening the entire responsibility on

the Insurance Company. Also the issue of contributory

negligence and rash or negligent driving is also disputed. She

submits that the impugned judgment shall be stayed, since the

execution proceedings are likely to be filed.

3 Subject to applicant depositing the entire amount of

compensation awarded in the impugned judgment along with the

interest accrued upto 31st March 2022 within six weeks before

the Tribunal, there shall be stay to the effect and operation of the

impugned judgment and award.

4 In case there is failure to deposit the aforesaid amount, the

stay shall stand automatically vacated and the claimant shall be

at liberty to withdraw the amount.

                                                           (BHARATI DANGRE, J.)


                      AVK                                                              2/2

ARTI VILAS
KHATATE
Digitally signed by
ARTI VILAS KHATATE
Date: 2022.04.08
19:43:59 +0530