Bombay High Court
IFFCO TOKIO GENERAL INSURANCE CO.LTD.versusVINOD MANGALDAS SHAH AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The Court ordered the deposit of Rs 5 crore before the Tribunal and stayed the execution proceeding pending the final adjudication of the appeal.
Summary
The appellant IFFCO‑Tokio General Insurance Co. Ltd. filed an interim application in the First Appeal No. 194 of 2026 seeking an order that Rs. 5 crore be deposited before the Motor Accident Claims Tribunal, Pune, to be made available to any of the six respondents authorized by the others. The application also requested that any execution proceeding arising from a judgment dated 13 November 2025 in Motor Accident Claim Petition No. 313 of 2016 be stayed upon such deposit. The learned senior counsel for the insurer clarified that the appeal is limited to the tribunal's finding of contributory negligence and does not contest the quantum of compensation awarded. The Court considered whether it could grant the deposit and stay orders pending the final adjudication of the appeal. It held that the deposit could be ordered and the execution proceeding stayed, subject to the conditions specified. Consequently, the interim application was disposed of, effectively granting the relief sought.
Issues considered
- Whether the Court can order the deposit of Rs 5 crore before the Motor Accident Claims Tribunal pending the final decision in the appeal.
- Whether the execution proceeding arising from the earlier judgment can be stayed upon such deposit.
Subjects
- insurance
- motor accident
- contributory negligence
- interim relief
- stay of execution
- deposit of money
- appeal
Judgment
22-FA.194.2026.doc
JVS.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
JAYANT
VISHWANATH
FIRST APPEAL NO. 194 OF 2026
SALUNKE
Digitally signed by
WITH
JAYANT
VISHWANATH
SALUNKE
Date: 2026.03.04
INTERIM APPLICATION NO. 1671 OF 2026
18:35:52 +0530
IFFCO-Tokio General Insurance Co. Ltd. } Appellant
Versus
Vinod Mangaldas Shah & Ors. } Respondents
Mr. Vineet Naik, Senior Advocate with Mr. Sumanth Anchan,
Mr. Anubhav Dutta, Mr. Nabeel Malik and Mr.Vineet Sawant
i/b. Tuli & Co., Advocates for the Petitioner.
None for the Respondents.
CORAM: SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE: 4th MARCH 2026
P.C.:
FIRST APPEAL NO. 194 OF 2026:-
On instructions, Mr. Vineet Naik, the learned senior counsel
for the appellant-Insurance Company states that this First Appeal
is confined to the findings recorded by the Tribunal attributing
contributory negligence to the driver of the vehicle which was
insured with the appellant-Insurance Company. The learned senior
counsel for the Insurance Company further states that the
Insurance Company is not challenging the quantum of
compensation awarded by the Tribunal to the dependents of the
victim.
2. Issue notice to the respondents, returnable on 6 th April 2026.
For effecting service upon the private respondents, hamdast is
permitted. To be served within two weeks.
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22-FA.194.2026.doc
INTERIM APPLICATION NO. 1671 OF 2026:-
3. The learned senior counsel for the appellant-Insurance
Company makes a statement that an amount of Rs. 5 crores shall
be disbursed to any one of the respondent nos. 1 to 6 duly
authorised in this behalf by the other respondents within a period
of one week. Let this amount of Rs. 5 crores be deposited before the
Motor Accident Claims Tribunal, Pune with liberty to the
respondent nos. 1 to 6 to withdraw the said amount pending final
adjudication in First Appeal No. 194 of 2026.
4. On deposit of an amount of Rs. 5 crores before the Motor
Accident Claims Tribunal, Pune, the execution proceeding, if any,
pursuant to the judgment dated 13 th November 2025 in Motor
Accident Claim Petition No. 313 of 2016 shall remain stayed.
5. Interim Application No. 1671 of 2026 is disposed of.
[GAUTAM A. ANKHAD, J.] [CHIEF JUSTICE]
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