Final Order 1

Order Details: Order on Exh.
Pdf Text: 1
BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL FOR
GREATER MUMBAI, AT MUMBAI
Execution Application No. 01 of 2026
(in) M.A.C.P. No. 85 of 2019
(C.R. No. 3)
Mrs. Gunvanti Mohan Kathpal … Decree Holder / Applicant
Versus
1) Mrs. Anuradha P. Mane
… Judgment Debtor No.1 (Owner)
2) Future Generali India Insurance Co. Ltd.
… Judgment Debtor No.2 (Insurer)
ORDER
(For disposal of Execution Application on satisfaction of
Award by deposit)
1 The present Execution Application is filed for
execution of the Judgment and Award dated 07.11.2025
passed in M.A.C.P. No. 85 of 2019, whereby the
Applicant/Decree Holder has been awarded compensation
of 4,37,000/- (Rupees Four Lakh Thirty Seven Thousand	₹
only) with interest @ 7.5% p.a. from 08.01.2019 till
realization, with further consequential directions as to
deposit by NEFT/RTGS to the Tribunal’s account and
disbursement pattern.
2. The Execution Application also reflects the
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computation of the decretal recovery (including interest,
costs and execution costs) and seeks coercive process
including warrant of attachment, since according to the
Decree Holder, the Award was not complied within the
stipulated time.
3. During pendency of the execution, the office has
placed on record the report of the Accounts Officer, MACT,
Mumbai, stating that Judgment Debtor No.2 / Insurer has
deposited the amount by NEFT on 22.01.2026, viz.
5,69,573/- plus 46,281/-	₹ ₹ , as reflected in the said report
(with transaction/reference particulars mentioned therein).
4. The Judgment Debtor has also moved an application
asserting satisfaction by deposit of the awarded amount
along with accrued interest and seeking closure of
execution proceedings. In addition, the Decree Holder has
filed an application seeking withdrawal of the execution on
the premise that the decretal amount stands deposited and
further proceedings are not required.
5. By order dated 14.02.2026, the office of the Registrar
& In-charge Accounts Officer was directed to submit report
regarding deposit of the compensation with interest and
also regarding pendency of any litigation between the
parties before the higher Courts.
6. The material on record, particularly the Accounts
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Officer’s report of deposit by NEFT dated 22.01.2026,
sufficiently establishes that the decretal liability under the
Award has been complied with by deposit into the
Tribunal’s account.
7. In view thereof, no useful purpose would be served in
keeping the Execution Application pending when the
recovery has already been effected by deposit, and the
Award amount (with interest and costs as deposited) is
available with the Tribunal for further action as per the
Award directions.
8. Hence, the Execution Application deserves to be
disposed of as satisfied, subject to the following safeguards:
a) The disbursement/release/investment shall be strictly as
per the Award/Judgment directions and subject to
compliance, including deficit court-fee if any directed in the
Judgment.
b) If any stay/conditional order is produced from the
competent appellate Court affecting disbursement, the
Accounts Section shall act accordingly and keep the amount
in appropriate interest-bearing mode till further orders.
OPERATIVE ORDER
i) The Execution Application is disposed of as fully satisfied,
since the awarded compensation along with accrued
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interest/costs has been recovered by deposit made by
Judgment Debtor No.2 (Insurer) in the Tribunal account, as
per the Accounts Officer’s report.
ii) Coercive steps / warrants, if any issued, stand
recalled/cancelled and shall not be proceeded with further.
iii) The Accounts Officer, MACT Mumbai shall take
necessary steps for disbursement/investment of the
deposited amount in terms of the Award, after ensuring
compliance of directions regarding
court-fees/undertakings/KYC, and after verifying whether
any appellate restraint order is placed on record.
iv) Office to make necessary entries and place the papers in
record room after due compliance.
Pronounced in open Tribunal.
Date:10/2/2026 (Shashikant Eknathrao Bangar)
Place: Mumbai Member, C.R. No.3
MACT, Mumbai
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