1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3050 OF 2008 IN FIRST APPEAL (ST.)NO.23494 OF 2006 Vijayanath Babasaheb Patil .. Applicant V/s. Smt.Tarabai Dnyandeo Chavare & Ors. ..Respondents Mr.U.B.Nighot for the Appellant/Applicant. Mr.R.S.Kate for the Respondents. CORAM : R.M.SAVANT, J. DATED : 12TH SEPTEMBER, 2008. P.C. By the above Civil Application, the Applicant prays for stay to the Judgment and Award dated 17th April, 2006 passed by the learned Member, Motor Accident Claims Tribunal, Baramati in M.A.C.T.No.188 of 2000. By the said Judgment and 2 Award the Tribunal was pleased to Award a sum of Rs.3,94,000/- with interest @ Rs.7.5 % p.a. from the date of filing of the Application till realization. The Trial Court has included the amount of Rs.25,000/- on account of no fault liability in the said total sum awarded. 2. It is contended on behalf of the Applicant that Respondent No.5 Insurance Company has been wrongly absolved from the liability in the teeth of the fact that the record of the R.T.O. discloses that the vehicle in question was insured. The learned counsel for the Appellant drew my attention to the finding recorded by the Tribunal. 3. Per contra, it is submitted on behalf of Respondent Nos. 1 to 3 that it was the duty of the Applicant to produce the Insurance Certificate before the Trial Court and the Applicant having not done so, the finding of the Trial Court that the 3 vehicle was not insured cannot be faulted with. It is further submitted that assuming that the vehicle was insured, the vehicle in question was a goods carrier and therefore carrying passengers in the said vehicle would be against the terms of the policy and therefore the liability could not be passed on to the Respondent No.5 Insurance Company. It is further submitted that the Applicant is a person of means and should be asked to deposit the entire decretal amount. 4. Considering the rival submissions as also considering the above record, in my view, the interest of justice would be served if, the Applicant is directed to deposit a sum of Rs.5,00,000/- in this Court within a period of eight weeks from date and interim relief in terms of prayer clause 'a' of the Civil Application is granted on the condition of the said deposit. In 4 the event, the said amount is deposited, the Respondent would be entitled to withdraw Rs.2,50,000/- without security. The balance of Rs.2,50,000/- would be invested by the leaned Registrar (Judicial) of this Court in a Nationalized Bank initially for a period of three years and thereafter renewed for such appropriate period as the learned Registrar deems it fit. Respondent No.1 to 3 would be entitled to withdraw the yearly interest in respect of the said Fixed Deposit. 5. The learned Advocate for the Appellant/Applicant to file paper book within six months from date, failing which the Appeal would stand dismissed for non-prosecution. 6. The Civil Application is, accordingly, disposed of. 5 [R.M.SAVANT, J.]