- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4968 OF 2005 IN FIRST APPEAL NO.2044 OF 2005 IN MOTOR ACCIDENT CLAIM PETITION NO.782 OF 2001 The National Insurance Co.Ltd. ..Applicant Vs. Ashwini Bhuvanendra Pai and Anr. ..Respondents ... Mr.A.M.Vernekar i/b Narichani and Narichania for Applicant Mr.K.K.Tated for D.R.Mahadik for Respondent Nos.1 and 2 ... CORAM: DR.S.RADHAKRISHNAN AND CORAM: DR.S.RADHAKRISHNAN AND CORAM: DR.S.RADHAKRISHNAN AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : NOVEMBER 29,2005 DATE : NOVEMBER 29,2005 DATE : NOVEMBER 29,2005 P.C. P.C. P.C. 1. Rule. Rule made returnable forthwith. Heard Heard the learned counsel for the Applicant and learned counsel for the Respondents Nos.1 and 2. For the purpose of disposing the present application, presence of Respondent No.3 is not necessary. By this Civil Application, the Applicant is seeking stay of the Judgment and Award passed by the Chairman of the Motor Accident Claims Tribunal, Thane dated 20.6.2005. For the reasons stated in the Civil Application, this Civil Application is made absolute in terms of prayer clause (a) subject to the condition that the - 2 - Appellant shall deposit the entire decretal amount within a period of six weeks from today before the trial Court. The Respondent Nos.1 and 2 are permitted to withdraw 50% of the aforesaid deposited amount without furnishing any security and balance 50% of the aforesaid deposited amount furnishing security to the satisfaction of the trial Court. 2. Civil Application accordingly stands disposed of. [DR.S.RADHAKRISHNAN, J.] [SMT.V.K.TAHILRAMANI,J.]