IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 9194 OF 2008 IN FIRST APPEAL (ST) NO. 15836 OF 2008 The New India Assurance Co. Ltd. Versus Chandrakala Vinayak Autade and others ... Shri Ajit Kadethankar, Advocate for the applicant Shri C.R.Shinde, Advocate for respondents 1 to 4. ... CORAM : S.B.DESHMUKH & SHRIHARI P.DAVARE, JJ. Dated : 20.11.2009 PER COURT :- 1. Heard learned counsel for the respective parties. 2. Learned counsel for the applicant submits that the notices to respondents 5 and 6 - owner and driver respectively of the vehicle - are not required. Said statement is accepted and taken on record. 3. Rule. By consent, Rule made returnable forthwith. 4. The applicant has preferred this application requesting that during pendency of the accompanying appeal, execution and operation of the judgment and award dt. 5.4.2008, passed by the Motor Accident Claims Tribunal, Kopargaon in MACP No.581 of 2002 be stayed. 2 5. After hearing learned counsel for the respective parties, learned counsel for the applicant made a statement that the applicant will deposit the entire award amount of Rs.11,46,000/- inclusive of no fault liability and statutory deposit so also interest therein, within the period of four weeks in this Court. Said statement is accepted and taken on record. 6. Learned counsel for the respondents 1 to 4, for the present, seeks liberty to withdraw an amount of Rs.6,00,000/- (Rs. Six Lakhs only/-), after deposit in this Court, out of the aforesaid amount. We are inclined to allow the said prayer, however, subject to filing usual undertaking by the respondents. 7. In the result, the application is allowed. The applicant is directed to deposit Rs.11,46,000/- i.e. awarded amount, inclusive of no fault liability and statutory deposit with interest thereon, in this Court, within the period of four weeks, as per the statement made by the learned counsel for the applicant. After deposit of the said amount by the applicant, respondent Nos. 1 to 4 are permitted to withdraw the amount of Rs.6,00,000/- (Rs. Six Lakhs only) on furnishing respective undertakings before the Court containing usual terms and conditions. Moreover, the balance amount to be deposited in the fixed deposit, initially for three years, to be renewable for every three years thereafter, with State Bank of Hyderabad, Branch High Court, Aurangabad. Liberty to the respondents for withdrawal of the balance amount. 3 8. Rule is made accordingly absolute. No order as to costs. 9. List the appeal for admission after four weeks. (SHRIHARI P.DAVARE,J.) (S.B.DESHMUKH,J.) ... akl