The New India Assurance Co. Ltd vs Duryodhan Gujaba Savane And Ors
2022 Latest Caselaw 12058 Bom

                                                          22.IA.20002.22 in FA.1310.22.doc



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 20002 OF 2022
                                     IN
                        FIRST APPEAL NO. 1310 OF 2022


The New India Assurance Co. Ltd.                ...    Applicant/Appellant
                                                     (Insurer)
           Versus

Duryodhan Gujaba Savane & Anr.                  ...    Respondents
                                                     (Orig. Applicants)
           And

Abhishek S. Mayekar                             ...    Respondent No.3
                                                     (Orig. O.P. No.1)



Ms. Karishma Jhaveri i/b Navdeep Vora & Associates for the Applicant/
Appellant.


                                  CORAM :       R.I. CHAGLA, J.
                                  DATED :       23rd NOVEMBER, 2022.
ORDER :

1 Heard the learned Counsel appearing for the Applicant/

Appellant.

2 By this Interim Application the Applicant/Appellant is

seeking stay on the implementation and execution of the impugned

judgment passed by the Motor Accident Claims Tribunal (M.A.C.T.) at

Waghmare 1/3

22.IA.20002.22 in FA.1310.22.doc

Mumbai in Motor Accident Claim Application No.1337 of 2017 directing

the Applicant/Appellant herein and Respondent No.3 herein who is

Opposite Party No.1, to pay jointly and severally an aggregate sum of

Rs.33,62,800/- with interest @ 7% p.a. from the date of filing of the

application till realization to the Respondent Nos.1 and 2 herein.

3 An Application has been made in execution by Respondent

Nos.1 and 2 before the M.A.C.T. and which is coming up tomorrow.

Accordingly, the learned Advocate for the Applicant/Appellant has applied

for stay of the impugned judgment and order by stating that the

Applicant/Appellant will deposit with the M.A.C.T. the entire amount

awarded by M.A.C.T. with accrued interest within a period of six weeks

from today. The Statement is accepted.

4 In view of the above statement made the operation,

implementation and execution of the impugned judgment and order

passed by M.A.C.T. at Mumbai in Motor Accident Claims Application

No.1337 of 2017 is stayed. This is subject to the Applicant/Appellant

depositing the entire amount awarded by M.A.C.T. with accrued interest.

5 If the Appellant fails to deposit the entire amount with

accrued interest within six weeks from today, the relief granted shall stand

vacated without further reference to the Court.

Waghmare                                                                            2/3
                                                                                     22.IA.20002.22 in FA.1310.22.doc



                             6           After depositing the aforementioned amount, the Applicant/

Appellant herein shall inform the Respondents/Claimants about the

factum of deposit within one week.

7 Liberty to the Respondents/Claimants to apply before this

Court for withdrawal of the amount deposited with the M.A.C.T..

8 Interim Application is accordingly disposed of.

Digitally signed by WAISHALI SUSHIL WAISHALI

(R.I. CHAGLA, J.) WAGHMARE SUSHIL WAGHMARE Date:

2022.11.24 16:58:10 +0530

Waghmare 3/3