Dismissed

United India Insurance Company Ltd, v. 1. Yogita Anant More, Aand Ors.

Bombay HC7 May 2012CAF/168/2011

Case brief

AI extract

What is this about?

Allowed the Civil Application by the Insurance Company for a stay on the execution of the Motor Accident Claims Tribunal award. Granted liberty to the claimant to withdraw deposited funds and directed investment in fixed deposit if no withdrawal is applied within three months.

What did the court decide?

Stay of execution and implementation of the judgment and award dated 9th July 2010 allowed subject to deposit conditions.

United India Insurance Company Ltd, Vs 1. Yogita… — Execution and Attachment | Bombay HC (2012)

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48 caf 168.11.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.168 OF 2011 IN

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FIRST APPEAL NO. 181 OF 2012

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Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders

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Mr. Nikhil Mehta i/b KMC Legal Venture for the Appellant.

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Ms. Rina Kundu for Respondent no.1.

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CORAM : K.K.TATED,J. DATE : 07/05/2012.

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PC:

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1 Heard the learned counsel for the parties.

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2 This Application is preferred by the Insurance Company for stay of the execution and implementation of the judgment and award dated 9^th July, 2010 passed by the learned Member, Motor Accident Claims Tribunal at Thane in

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48 caf 168.11.doc

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Motor Accident Claim Petition No. 935 of 2000 holding that the Applicants are liable to pay a sum of Rs.1,00,000/- to the Respondent no.1 – original claimant by way of compensation along with interest at the rate of 7.5% per annum.

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3 The learned counsel appearing on behalf of the Applicant – Insurance Company states that pursuant to the order dated 14^th March, 2011 passed by this court (Coram: Smt. R.P. SondurBaldota, J.) they already deposited the entire decretal amount with costs and interest in the Tribunal. Statement is accepted.

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4 In view of these facts, Civil Application is allowed in terms of prayer clause (a) which reads thus:

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“(a) That this Hon'ble Court be pleased to stay the effect and implementation of

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48 caf 168.11.doc

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the Judgment and Award dated 09.07.2010 passed in M.A.C.T. Application No.935 of 2010 by Shri B.P. Patil – Member, Motor Accident Claims Tribunal of Thane, at Thane.”

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5 Respondent no.1 – original Claimant granted liberty to take out appropriate application for withdrawal of the amount, if they so desire, and the same will be decided on merits.

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6 If the Respondent no.1 – original Claimant does not prefer an application for withdrawal of the amount within three months from today, the Tribunal is directed to invest the entire amount in the fixed deposit in any nationalised bank initially for one year and the same to be continued till hearing and final disposal of the First Appeal. 7 Civil Application is disposed of accordingly.

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(K.K.TATED, J.)

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katkam

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United India Insurance Company Ltd, v. 1. Yogita Anant More, Aand Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Company Ltd, v. 1. Yogita Anant More, Aand Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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