National Insurance Company Limited ... vs Sandhya Nilkanth Savale @ Sou Sandhya ...
2024 Latest Caselaw 24210 Bom

Bombay High Court

National Insurance Company Limited ... vs Sandhya Nilkanth Savale @ Sou Sandhya ... on 16 August, 2024

Author: M. M. Sathaye

Bench: M. M. Sathaye

2024:BHC-AS:33098

             Digitally
             signed by
             ANANT
   ANANT     KRISHNA
   KRISHNA   NAIK                                                                                 71..IA.7512.2024 (stay).doc
   NAIK      Date:
             2024.08.19
             15:03:44
             +0530

                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                    CIVIL APPELLATE JURISDICTION

                                                   INTERIM APPLICATION NO.7512 OF 2024
                                                                     IN
                                                     FIRST APPEAL (ST) NO. 9806 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. 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.

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

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

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

has deposited the entire amount under the impugned award with the

71..IA.7512.2024 (stay).doc

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.

4. 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. 1094 of 2013 be stayed in the interest of justice."

5. 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.

6. The Interim Application is disposed of.

(M. M. SATHAYE, J.)