1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2763 OF 2007 IN FIRST APPEAL NO.1948 OF 2007 Bhagavan Dagadu Mohite : Applicant versus Smt.Alaka Ashok Gavare & ors. : Respondents. Shri. A.B.Kalogi with Shri T.S.Ingle for the Applicant Shri V.B.Rajure for Respondent No.1. Shri S.S.Vidyarthi for Respondent No.4. CORAM : R.M.SAVANT, J. DATED : September 24, 2008 P.C. 1. By the above Application, the Applicant prays for stay to the execution and operation of the impugned Judgment and Award dated 2/12/2005 passed by the Motor Accident Claims Tribunal, Sangli in M. A. C. P. No. 179 of 1998. By the said Judgment and Award, the claimants i.e. the Respondent Nos.1 to 3 herein have been awarded a sum of Rs.3,42,000/- with interest at the rate of 12% p.a. From 24/6/1998 till payment. The Appellant is the owner of the vehicle 2 involved in the accident. The Respondent No.4 – the Insurance Company, in terms of the law laid down by the Apex Court, has deposited the entire decretal amount. It appears that the claimants have also withdraw the said amount. 2. The above Appeal has been admitted by an order passed today. 3. The Judgment and the Award of the Tribunal is challenged inter alia on various grounds urged in the above Appeal, but primarily it is directed against the Tribunal' s finding that the Respondent No.4 Insurance Company cannot be held liable for payment of the compensation. 4. It is submitted on behalf of the Applicant that the Respondent No.4 is taking steps to recover the decretal amount deposited by it from the Appellant. It is further submitted that the Appellant is a school teacher working in a Junior College at Karad and would not be in a position to deposit the entire decretal amount. 5. The learned counsel for the Applicant, therefore, prays that the stay may be granted on deposit of such amount as this Court 3 deems it fit. 6. Shri Vidyarthi, the learned counsel appearing for the Respondent No.4 submitted that the stay may be granted on the deposit of the entire decretal amount in this Court. 7. Considering the issue raised in the above First Appeal and also considering the status of the Applicant/Appellant, in my view, the interest of justice would be served if interim relief in terms of prayer clause (b) is granted on the condition that the Applicant deposits a sum of Rs.2,00,000/- in the concerned Tribunal within two months from date. In the event, the said amount is not deposited within the aforesaid time, the stay would stand vacated and the Respondent No.4 would then be entitled to proceed with against the Applicant/Appellant in accordance with law. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]