1 caf.1706.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1706 OF 2010 IN FIRST APPEAL NO.1055 OF 2010 United India Insurance Company Ltd. ...Applicants Versus Smt.Manjiri Dhananjay Bhosale & Ors. ...Respondents ...... Mr.Nikhil Mehta i/b M/s.KMC Legal Venture for Applicants. Mr.Ketan A.Chothani for Respondents 1 to 3. ...... CORAM:- A.M.KHANWILKAR AND A.A.SAYED, JJ. DATED:- AUGUST 16, 2010. P.C. 1. By this Application, the Insurance Company prays for interim stay. The order passed by the Motor Accident Claims Tribunal is against Respondents 1 to 3 before it to jointly and severally pay amount of Rs. 12,85,000/- to the Claimants with interest at the rate of 7.5% per annum from 27th August, 2007. That order is in the nature of money decree. On the earlier occasion, we were informed that the Insurance Company has already deposited the entire decretal amount. Later on, the Counsel for the Insurance Company owned the mistake by making statement as is recorded in the order dated 5th August, 2010. That position is reiterated even today. 2 caf.1706.10.sxw According to the Counsel for the Insurance Company, the Insurance Company has already deposited amount equivalent to Rs.8,51,566/- to the extent of share of the liability of the Insurance Company. The remaining amount will have to be paid by the Respondent No.3 who is not insured with the Insurance Company. 2. The argument clearly overlooks that the order impugned in this Appeal filed by the Insurance Company is to direct Respondents 1 to 3 to jointly and severally pay the amount referred to therein. The Insurance Company is, therefore, liable to pay the entire amount specified in the order and cannot merely deposit part of the amount on the assumption that it has contributed its share of liability. 3. Counsel for the Insurance Company submits that the Insurance Company will comply with this direction within two weeks from today. On the basis of this assurance, we proceed to grant interim relief as prayed by the Insurance Company in terms of prayer clause (a) of the Application. That interim arrangement would continue until the disposal of the Appeal file by the Insurance Company subject however to complying with the condition of depositing he balance decretal amount in this Court within two 3 caf.1706.10.sxw weeks from today, failing which, the interim protection given to the Company shall stand vacated forthwith without further reference to the Court. The amount so deposited by the Insurance Company be invested in appropriate fixed deposit scheme in a Nationalised Bank if no formal application for withdrawal thereof is made by the Claimants within four weeks from today. Application disposed of on the above terms. (A.A.SAYED, J.) (A.M.KHANWILKAR, J.)