Divisional Manager, National ... vs Sandhya Nilkanth Savale @ Sou. Sandhya ...
2024 Latest Caselaw 24209 Bom

Bombay High Court

Divisional Manager, National ... vs Sandhya Nilkanth Savale @ Sou. Sandhya ... on 16 August, 2024

Author: M. M. Sathaye

Bench: M. M. Sathaye

2024:BHC-AS:33094
          Digitally
          signed by
          ANANT
ANANT     KRISHNA
KRISHNA   NAIK
NAIK      Date:                                                                                70.IA.7507.2024 (stay).doc
          2024.08.19
          14:59:55
          +0530


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION

                                                INTERIM APPLICATION NO.7507 OF 2024
                                                                 IN
                                                  FIRST APPEAL (ST) NO.9796 OF 2024

                       Divisional Manager, National Insurance
                       Company Limited                                            ... Applicant
                              versus
                       Sandhya Nilkanth Savale @ Sou. Sandhya
                       Jagdish Sonawane and Ors.                                  .... Respondents

                                                                ****
                       Ms. S. S. Dwivedi for the Applicant
                       Ms Rupa Singh h/f. Mr. Rajan S. Pawar for the Respondent Nos. 1 and 2

                                                                ****

                                                            CORAM :         M. M. SATHAYE, J.

                                                            DATED :         16 AUGUST 2024

                       P.C.:

                       1.        Not on Board. Taken on Board.

2. Heard learned Counsel for the Applicant-Insurance Company and

learned Counsel for the Respondent Nos. 1 and 2/Original Claimants, who

states that she has instructions to appear and will file Vakalatnama within 2

weeks from today. Statement accepted.

3. This Application is for interim stay to the impugned Judgment and

Award passed by Motor Accident Claims Tribunal (M.A.C.T.), Nashik.

4. Learned Counsel for the Applicant - Insurance Company states that it

70.IA.7507.2024 (stay).doc

has deposited the entire amount under the impugned award with the

concerned Tribunal and places on record the copy of the email

communication giving details of the deposit amount with UTR Number. The

same is taken on record.

5. Considering that the award amount is already deposited, the Interim

Application is allowed in terms of prayer clause (a), which reads thus.

"(a) Pending the hearing and final disposal of this present Appeal, the execution, operation of the judgment and order dated 2.9.2023 passed by the Learned Motor Accident Claims Tribunal, Nashik in M.A.C.P. No. 1095 of 2013 be stayed in the interest of justice."

6. The statutory amount deposited by the Applicant - Insurance

Company be transferred to the concerned Tribunal for appropriate

adjustment. Needless to mention that the Claimants are at liberty to file

application for withdrawal of the amount, which will be decided on its own

merits.

7. The Interim Application is disposed of.

(M. M. SATHAYE, J.)