Bajaj Alliance General Insurance ... vs Ajit Balwant Apte And Ors
2022 Latest Caselaw 3538 Bom

                                                    1/2               36-FA-291-2022-IA-1846-2022.odt


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION
                                    INTERIM APPLICATION NO. 1846 OF 2022
                                                          IN
                                         FIRST APPEAL NO. 291 OF 2022


                        Bajaj Alliance General Insurance         ..     Applicant/
                        Co. Ltd.                                        Appellant

                                           Versus

                        Ajit Balwant Apte and Ors.               ..     Respondents


                                                          ...

                        Mr. Milind M. Sathaye for the Appellant.
                        None for the Respondent.
                                                          ...

                                             CORAM: BHARATI DANGRE, J.

DATED : 31st MARCH, 2022

P.C:-

Interim Application No. 1846 of 2022

1. By the present application the Applicant/Insurance Company seeks stay of the impugned judgment and Award dated 6th December, 2021 of the Motor Accident Claims Tribunal, Sangli in the Motor Accident Claims Petition No. 146 of 2014 directing the Insurance Company to pay compensation to the complainants in the wake of the death of the son of Claimant nos. 1 and 2 and brother of Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date: rrpillai 2022.04.01 15:53:20 +0530 2/2 36-FA-291-2022-IA-1846-2022.odt

claimant no.2. The learned counsel would submit that Appellant has good case on merits since tribunal has taken into consideration that the vehicle was being driven by the deceased and as such the tortious liability is not attracted since there is no Tortfeasor.

2. Since the execution proceedings are instituted by the claimant before the Tribunal, subject to deposit of entire decretal amount along with the interest computed upto to 28th February, 2022, within a period of six weeks from today, there shall be stay to the effect and operation of the impugned judgment.

First Appeal No. 291 of 2022

1. Call for R & P.

2. Issue notice to respondent making it returnable on 20th June, 2022.

3. Appellant is also directed to file on record private paper-book.

( SMT. BHARATI DANGRE, J.)

rrpillai