The Reliance General Insurance Co. Ltd. Mumbai v. Smt. Ritadevi Fulchand Vishwakarma And ORS.

11-ia-2764-2021 fast-846-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2764 OF 2021 Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2021.10.11 15:30:41 +0530 (For Stay) IN FIRST APPEAL (STAMP) NO. 846 OF 2021 SHRADDHA KAMLESH TALEKAR The Reliance General Insurance Co. Ltd., Mumbai ... Applicant In the matter between :

The Reliance General Insurance Co. Ltd., Mumbai ... Appellant vs.

Smt. Ritadevi Fulchand Vishwakarma & Ors.

...Respondents

Ms. Kalpana Ranchod Trivedi for applicant/appellant. Mr. T.J. Mendon for respondent Nos.1 to 4.

CORAM : N. J. JAMADAR, JJ.

DATE : 7th OCTOBER , 2021 P.C.:

1.

Heard the learned counsel for the appellant-applicant. 2.

Issue notice to the respondents-original claimants. 3.

Mr. Mendon waives notice for respondent Nos. 1 to 4-original claimants.

4.

The learned counsel for the applicant/appellant submits that the appellant would make the statutory deposit within a period of four weeks. 5.

Statement made on behalf of the appellant is accepted as the learned counsel submitted that the appellant had twice tendered the Shraddha Talekar, PS 1/2

11-ia-2764-2021 fast-846-2021.doc cheque towards the security deposit, but it was returned on account of the situation which arose due to Pandemic.

6.

The learned counsel for the appellant-applicant, on instructions, submits that the appellant-insurer is ready to deposit the entire amount of compensation along with the interest accrued thereon, in terms of the award dated 30th January 2020 in MACP No.394 of 2015, within a period of four weeks.

7.

In view of the aforesaid statement and willingness on the part of the appellant to deposit the entire amount of compensation along with interest accrued thereon, the execution, operation and implementation of the award dated 30th January 2020 in MACP No.394 of 2015 passed by the learned Member, MACT, Mumbai stands stayed, subject to deposit of the entire amount of compensation alongwith the interest accrued thereon in terms of the said award, within a period of four weeks from today. 8.

In the event of default in deposit of the amount, this order shall stand vacated without further reference to the Court. 9.

The application stands disposed of.

(N. J. JAMADAR, J.) Shraddha Talekar, PS 2/2