Partly allowed

United India Insurance Co.Ltd. Thr. Its Satara Divisional Office v. Mrs. Minakshi Pandharinath Sawant and Ors.

Bombay HC7 Apr 2021IA/3346/2020

Case brief

AI extract

What is this about?

The High Court of Bombay, Civil Appellate Jurisdiction granted ad-interim stay on the execution of a Motor Accident Claims Tribunal award dated 25/03/2019. The stay was conditioned upon the appellant depositing the entire award amount with accrued interest. The court also allowed claimants to withdraw 50% of the amount pending the outcome of the appeal.

What did the court decide?

Ad-interim stay on execution of MACT award granted subject to deposit of award amount with interest; claimants allowed to withdraw 50% on undertaking.

United India Insurance Co.Ltd. Thr. Its Satara… — Motor Accident Claims | Bombay HC (2021)

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1 19-IA 3346-2020 in FAST 4948-2020.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO.3346 OF 2020

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IN

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FIRST APPEAL (STAMP) NO.4948 OF 2020

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United India Insurance Co. Ltd.]…Applicant/Appellant

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Versus

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Mrs.Minakshi Pandharinath Sawant & Ors.] … Respondents

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Mr. Amol Gatne for Applicant/Appellant.
None for Respondents.

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CORAM:- PRITHVIRAJ K. CHAVAN, J.
DATE :-07 APRIL, 2021
(THROUGH VIDEO CONFERENCING)

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P. C.:-

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1.Heard Mr. Gatne, learned Counsel for the Applicant /

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Appellant. He seeks stay to the execution and implementation of the
Judgment and Award dated 25/03/2019 passed by the Member, Motor

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Accident Claims Tribunal, Khed, Dist. Ratnagiri, in Motor Accident Claim
Petition No.24 of 2015 by stating that if the Award is executed, the Appeal

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would become infructuous as well as to curtail further interest
component.

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URS 1 of 3

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2 19-IA 3346-2020 in FAST 4948-2020.odt

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2.Mr. Gatne, inter alia, makes a statement that the entire
amount with accrued interest up-to-date would be deposited within 5
weeks. Statement is accepted. In view of the said statement, there shall
be ad-interim relief in terms of prayer clause (A) of the Application which
reads as under :-

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“(A) Your Lordship be pleased to stay the execution, operation and implementation of the impugned Judgment and order/Award dt.25/3/2019, passed by the Member, M.A.C.T., KHED, Dist:-RATNAGIRI, in M.A.C.P. No.24/2015, U/Sec. 166 of the M.V. Act, 1988; till the final hearing and disposal of the First Appeal, as against the Applicant.”

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3.If the Applicant fails to deposit the amount as above, the ad-
interim relief shall stand vacated automatically without further reference
to the Court.

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4. After depositing the amount, the Applicant shall intimate the factum of deposit to the Claimants within one week thereafter.

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5.The Claimants are at liberty to withdraw 50% of the amount
of compensation with accrued interest by giving an undertaking at the
time of withdrawal that if the Appeal succeeds, they will refund the
amount, subject to the outcome of the Appeal.

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URS 2 of 3

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3 19-IA 3346-2020 in FAST 4948-2020.odt

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6. Application stands disposed of accordingly.

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7. Liberty to the Applicant to deposit the statutory deposit along

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with the amount of compensation.

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 (PRITHVIRAJ K. CHAVAN, J.)

United India Insurance Co.Ltd. Thr. Its Satara Divisional Office v. Mrs. Minakshi Pandharinath Sawant and Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Co.Ltd. Thr. Its Satara Divisional Office v. Mrs. Minakshi Pandharinath Sawant and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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