The New India Assurance Co. Ltd. Through Mumbai Regional Office-I, v. Smt. Jayashree Dilip Maurya And ORS.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2508/2015 IN FIRST APPEAL NO.839/2015 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. D. S. Joshi for the Applicant CORAM : K. K. TATED, J.

DATE : JULY 31, 2015 P.C.:

1.

Mentioned. Not on board. At the request of learned counsel for the Applicant, the matter is taken on board for urgent orders.

2.

This Application is preferred by the Insurance Co. for stay of the operation and implementation of the impugned award dated 11/09/2014 passed by the MACT, Mumbai in Application No.261/2010 awarding sum of Rs.26,39,250/­ with 7.5% pa interest by way of compensation.

3.

The learned counsel for the Applicant submits that the Respondent­Claimant filed Execution Application No.162/2015 for recovery 1/4

of entire award amount. He submits that if entire amount is recovered by the Respondent­Claimant, nothing will survive in the present proceedings. He makes a statement that they are challenging the impugned award to the extent of Rs.11,85,250/­ with interest thereon.

4.

The learned counsel for the Applicant makes a statement that they are ready and willing to deposit the entire award amount in the Tribunal within 4 weeks from today. Statement is accepted. 5.

The learned counsel for the Applicant submits that the amount of Rs.25000/­ deposited by the Applicant at the time of filing the appeal be transferred to the Tribunal.

6.

Considering the submissions made by the learned counsel for the Applicant and since the Applicant is ready and willing to deposit the entire award amount in the Tribunal, I am satisfied that the Applicant has made out a case for allowing the Civil Application.

7.

As this order is being passed without issuing any notice to the Respondent, liberty can be granted to the Respondent ­ claimant to file an 2/4

appropriate Application for withdrawal of the amount, if they so desire, which will be decided on its own merits.

8.

Hence, following order is passed:

a.

The operation and implementation of the impugned award dated 11/09/2014 passed by the MACT, Mumbai in Application No.261/2010 is stayed to the extent of Rs.11,85,250/­ with interest thereon, till hearing and final disposal of the appeal, subject to the Applicant depositing the entire award amount in the Tribunal within 4 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.

b.

If amount is not deposited within stipulated time as stated hereinabove the Respondent­ Claimants are entitled to proceed with Execution Application No.162/2015 as per law.

c.

If amount is deposited within stipulated time as stated herein above, Respondent­Claimants are entitled to withdraw the amount as under with accrued interest without furnishing any security. i) Claimant No.1. Smt.Jayashree Dilip Maurya Rs.1,00,000/­ ii) Claimant No.5 Ms. Kavita Bikramajeet 3/4

Maurya and No.6 Ms. Mamta Bikramajeet Maurya Rs.1,50,000/­ each.

iii) Claimant Nos.3 Bikramajeet Shambhuram Maurya and No.4 Smt. Chandravati Bikramajeet Maurya Rs.2,00,000/­ each.

d.

The Tribunal is directed to invest the remaining amount in a fixed deposit account of any Nationalized bank, initially for a period of one and half year which will be renewed from time to time till further orders.

e.

Liberty granted to the Respondent ­ claimant to file an appropriate Application for withdrawal of the further amount, if they so desire, which will be decided on its own merits.

f.

Amount of Rs.25000/­ deposited by the Applicant towards statutory deposit at the time of filing the appeal shall be transferred to the Tribunal.

g.

Civil Application stands disposed off accordingly.

JUDGE 4/4