Partly allowed

Iffco-Tokio General Insurance Co. Ltd. through Its Authorized Representative Amol a. Bidwai v. Smt. Sudarshana Sanjay Pawar and Ors.

Bombay HC9 Apr 2021IA/926/2021

Case brief

AI extract

What is this about?

On interim application, the Bombay High Court granted a stay on the execution of an MACT award. The insurer agreed to deposit the award amount with interest, subject to conditions allowing claimants to withdraw 50% upon providing an undertaking for refund.

What did the court decide?

Ad-interim stay granted on execution of the MACT award pending appeal; applicant to deposit claimed amount with interest within six weeks.

Iffco-Tokio General Insurance Co. Ltd. through Its Authorized… — Insurance | Bombay HC (2021)

¶1

11-926-2021- IA-Stay=.doc

¶2

Uday S. Jagtap

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

INTERIM APPLICATION NO. 926 OF 2021
IN
FIRST APPEAL (ST.) NO. 619 OF 2021

¶5

Iffco Tokio General Insurance Co. Ltd.

¶6

.. Applicant

¶7

Vs.

¶8

Sudarshana Pawar & Ors. .. Respondents

¶9

Ms. Deepika Praabhala i/b Res Juris for the applicant
None for the respondent

¶10

CORAM : PRITHVIRAJ K. CHAVAN, J.

¶11

 DATED : 9th APRIL, 2021
(Through Video Conferencing)

¶12

P.C.

¶13

1.The Iffco-Tokiyo General Insurance Company Ltd. is
aggrieved with the judgment and award, dated 9th March, 2020
passed by the M.A.C.T., Baramati, Dist. Pune in M.A.C.P. No. 95 of
2015 and, therefore, has preferred this first appeal inter alia
seeking stay to the execution.

¶14

2.Ms. Prabhala, learned Counsel for the applicant – insurer
submits that the Executing Court at Pune has already issued a
warrant of attachment of the movables of the company and,
therefore, if that is not stayed, the whole purpose of filing the
appeal would be frustrated. She however, undertakes to deposit
the entire amount with accrued interest within six weeks from the
date of passing of this order. Statement is accepted.

¶15

1 of 3

¶16

11-926-2021- IA-Stay=.doc

¶17

3.In view of the said statement, there shall be ad-interim relief
in terms of prayer clause (b) of the application, which reads thus :-

¶18

“(b) Pending hearing and final disposal of the first appeal
the execution, implementation and operation of judgment
and award dated 09.03.2020 passed by the learned Member,
Motor Accident Claims Tribunal, Pune in MACP No. 95 of
2015 may kindly be stayed.”

¶19

4.If the applicant fails to deposit the entire amount within six
weeks, ad-interim relief shall stand vacated without further
reference to the Court.

¶20

5.After depositing the amount, the applicant shall inform the
respondents-claimants about the factum of deposit within two
weeks.

¶21

6.The respondents are at liberty to withdraw 50% of the
amount that would be deposited by the applicant before the
concerned M.A.C.T upon furnishing an undertaking within two
weeks that if the appellant succeeds in the appeal, the respondents
shall refund the amount with interest at such rate as would be
directed by this Court depending upon the outcome of the first
appeal.

¶22

7.If respondents do not file an undertaking within the
aforesaid period, the amount that would be deposited by the
applicant shall be invested by the M.A.C.T in a fixed deposit in any
Nationalized Bank for a period of one year and thereafter for one
more year again after obtaining order from this Court.

¶23

2 of 3

¶24

11-926-2021- IA-Stay=.doc

¶25

8. If 50% amount is withdrawn by the respondents, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

¶26

9. The application stands disposed of.

¶27

 (PRITHVIRAJ K. CHAVAN, J.)

¶28

3 of 3

Iffco-Tokio General Insurance Co. Ltd. through Its Authorized Representative Amol a. Bidwai v. Smt. Sudarshana Sanjay Pawar and Ors.

Case brief

What is this about?

What did the court decide?

Iffco-Tokio General Insurance Co. Ltd. through Its Authorized Representative Amol a. Bidwai v. Smt. Sudarshana Sanjay Pawar and 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

Similar cases

Tai Baban Shinde and Ors. Vs Reliance General Insurance Company Limited

Mrs. Shobha Ashok Parab and Ors. Vs Bajaj Allianz Insurance Company Limited

Bajaj Allianz General Insurance Co. Ltd. Vs Smt. Surekha Vaman Darekar and Others

Magma Hdi General Insurance Co. Ltd. Thr. Its Authorised Signatory, Mumbai Vs Shaila Sunil Panhale and Ors.

Smt. Drupada Waghu Katurde and Anr. Vs Reliance General Insurance Co.Ltd. Thr. Its Manager and Anr.

Jijabai Bhaurao Sathe and Ors. Vs Reliance General Insurance Company Limited through the Divisional Office