1 916 caf 577.11.doc k IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 577 OF 2011 IN FIRST APPEAL NO. 328 OF 2011 The United India Insurance Co. Ltd. and Anr. ..Applicants. Vs. Jitendra Sumanlal Vora & Anr. ..Respondents. Mr. K.W. Votonde for the Applicants. Mr. A.M.Gokhale i/b Mr. M.B. Kotak for Respondent no.1. CORAM : K.K. TATED, J. Date : 10/05/2012. PC: 1 Heard learned counsel for the parties. 2 At present it is not necessary to serve Respondent no.2 who is the owner of the vehicle. 3 This Application is preferred by original Respondent – Insurance Company for stay of the operation and execution of the judgment and award dated 17th August, 2010 passed by the learned 1/3 2 916 caf 577.11.doc Member, Motor Accident Claims Tribunal, Mumbai in Motor Accident Claim Petition no.1312 of 2001 holding that the Applicant along with Respondent no.2 are liable to pay a sum of Rs. 2,03,000/- inclusive of no fault liability amount along with interest at the rate of 7.5% per annum to the Respondent no.1 – original Applicant. 4 The learned counsel appearing on behalf of the Applicant states that the Applicant – Insurance Company is ready and willing to deposit the decretal amount along with interest and costs in the Tribunal at Mumbai within eight weeks from today. The statement is accepted. 5 Considering the submissions made by the learned counsel appearing on behalf of the Applicant and the averments made in the civil application, the Civil Application is allowed in terms of prayer clause (b ) on condition that the Applicant to deposit the entire decretal amount within eight weeks from today. Prayer clause (b) reads thus: “(b) Pending the hearing and final disposal of the appeal, the implementation, operation of Execution 2/3 3 916 caf 577.11.doc No. 513 of 2010 arising out of Judgment and award passed by Ld. Member, Motor Accident Claims Tribunal, Mumbai on 17.08.2010 in Motor Accident Claim Petition No.1312 of 2001 may kindly be stayed.” 6 It is made clear that if the Insurance Company failed to deposit the entire decretal amount within eight weeks from today, the Respondent – original claimant is entitled to execute the decree according to the law. 7 Respondent no.1 – original claimant granted liberty to take out appropriate application for withdrawal of the said amount, if he so desires, and the same will be decided on its own merits in according to law. (K.K. Tated, J.) katkam 3/3