Allowed

Bajaj Allianz General Insurance Co. Ltd. v. Hasina Suraj Mulla @ Kinikar and Othrs

Bombay HC23 Oct 2012CAF/3180/2010

Case brief

AI extract

What is this about?

Approved the applicant's plea to stay execution of a Motor Accident Claim Tribunal award after the insurer deposited the decretal amount. Directed release of interest shares to respondents and investment of corpus in a fixed deposit.

What did the court decide?

Stay of impugned judgment and order; direction to invest decretal amount in fixed deposit; permission to sell interest shares to respondents without security deposit.

Bajaj Allianz General Insurance Co. Ltd. Vs Hasina Suraj Mulla @ Kinikar and Othrs — Bombay HC (2012) — LawSathi Research

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77 caf3180-10.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.3180 OF 2010

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FIRST APPEAL NO.2302 OF 2011

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Bajaj Allianz General Insurance Co.Ltd.

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.. Applicant

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Vs.

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Smt.Hasina Suraj Mulla @ Kinikar and Ors.

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.. Respondents

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Mr.M.M.Sathaye for the applicant

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CORAM : K.K.TATED, J. DATE : 23^rd OCTOBER, 2012

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P.C.

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Heard learned counsel for the parties.

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Though respondents are duly served in First Appeal No.2302 of 2011, no one appeared on behalf of them when the matter was called out. Hence, First Appeal is not taken up for final disposal.

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This application is preferred by Bajaj Allianz General Insuarnce Co.Ltd. for stay of the judgment and award dt.30.10.09 passed by MACT, Kolhapur in MACP No.261 of 2007.

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The learned counsel for the applicant states that as per order dt.1.9.2010 they have already deposited entire decreetal amount before the

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77 caf3180-10.doc

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Tribunal. There is a noting on farad also.

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Considering the submissions made by the learned counsel for the applicant and as the entire amount is already deposited before the Tribunal, I am of the opinion that applicant has made out a case for allowing this Civil Application in terms of prayer clause (a). Hence, following order:

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

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“(a) That pending hearing and final disposal of the present First Appeal, the effect, operation, implementation and execution of the impugned Judgment and Award dated 30/10/2009 passed by the Member, Motor Accident Claim Tribunal, Kolhapur, in M.A.C.P. No.261 of 2007 and disbursal of amount thereunder, be kindly stayed.”

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b. Respondent no.1, Smt.Hasina Suraj Mulla @ Kinikar, original claimant no.1 is entitled to withdraw 3/4^th quarterly interest on Fixed Deposit on behalf of herself and respondent nos.2 and 3 without furnishing security till further orders.

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c. Respondent no.4, Gulab Bandu Mulla @ Kinikar, original claimant no.4 is also entitled to withdraw 1/4^th quarterly interest on Fixed Deposit without furnishing security till further orders.

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d. Tribunal is directed to invest the entire decreetal amount in

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77 caf3180-10.doc

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Fixed Deposit of any Nationalised Bank initially for a period of one year and same be continued from time to time till further orders from this court.

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e. Civil Application is disposed of accordingly.

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(K.K.TATED, J.)

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Mohite

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Bajaj Allianz General Insurance Co. Ltd. v. Hasina Suraj Mulla @ Kinikar and Othrs

Case brief

What is this about?

What did the court decide?

Bajaj Allianz General Insurance Co. Ltd. v. Hasina Suraj Mulla @ Kinikar and Othrs

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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