IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.6523 OF 2009 IN FIRST APPEAL NO.1416 OF 2009 The New India Assurance Company Ltd., Applicant V/s Sambhaji S/o Manikrao Kale and others. Respondents ------------------------------------------------------------------------------------------------------- Shri. V. R. Mundada, Advocate for Applicant. Shri. A. G. Dalal holding for Shri.V. D. Salunke, Advocate for Respondent No.1 (I to IV) Shri.S. S. Chapalgaonkar, Advocate for Respondent No.2. _________________________________________________________________ (CORAM : R.K. DESHPANDE, J.) DATE : 5th September, 2009. PER COURT : 1. This is an application for stay to the operation and execution of the judgment and award dated 31.01.2009 passed by the Motor Accident Claims Tribunal, Beed in Motor Accident Claim Petition No. 32/2005. The award is for total amount of Rs.5,75,000/- inclusive of no fault liability along with interest at the rate of 6% p.a. From the date of filing of the Petition till its realisation. 2. The learned Counsel for the applicant states that the applicant has deposited an amount of Rs.25,000/- in this Court towards statutory amount on 15.06.2009. The learned Counsel further states that, an amount of Rs.25,000/- has already been deposited in the Trial Court towards no fault liability. 3. The award being in the nature of money decree, the applicant will have to deposit the entire amount in this Court and hence there shall be stay to the impugned judgment and award subject to applicant deposit balance amount in this Court within a period of six weeks from today. In view of this there shall be interim relief in terms of prayer clause `A' of this Application and the said interim relief shall continue and operate pending the decision of the instant Appeal subject to applicant depositing the balance amount within a period of six weeks. If the said balance amount is not deposited within stipulated period, the interim relief automatically stands vacated without reference to the court. Upon deposit of the said balance amount, same shall be deposited in the fixed deposit initially for a period of five years and subsequently it shall be renewed from time to time. 4. In view of above, the instant application stands disposed of accordingly. (R.K. DESHPANDE) JUDGE GAS/ca.6523.09