M/S. Iffco-Tokio General Insurance Co. Ltd. v. Rajeshwar Sinha And Othrs

11 caf 672-10=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 672 OF 2010 IN FIRST APPEAL (ST.) NO. 4451 OF 2010 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.R. Singh i/b S.R. Singh & Co. for the applicant. Mr. C. M. Lokesh i/b G.S. Hegde & Asso. for the respondent nos. 1 & 2.

Ms. Shobha Mehra with Mr. Shiv i/b V. S. Jabra for respondent nos. 3 & 4.

CORAM : K. K. TATED, J.

DATED : 29/07/2015.

P.C.:

.

Heard learned Counsel for the parties.

This application is preferred by Insurance Company stay of operation and implementation of the Award dated 28.07.2009 passed by the Motor Accident Claims Tribunal at Daman in Claim Petition No. 30 of 2005 holding that respondents-claimants are entitled to sum of Rs.2,98,200/- with 7% interest per annum by way of compensation.

This Court by order dated 02.03.2010 directed Insurance Company to deposit the entire decretal amount in this Court within a period of four weeks. Sneha Chavan 1/2

11 caf 672-10=.doc Office note shows that the said amount is not deposited by the Insurance Company.

Considering the submissions made by learned counsel for the applicant and averments made in civil application, the following order is passed: a) Two weeks' time is granted to the applicant to comply the order dated 02.03.2010, if it is not complied i.e. to deposit the awarded amount with interest in the Registry of this Court, failing which civil application shall stand dismissed without referring back to the court .

b) If amount is not deposited within stipulated time as stated herein above, the respondents-claimants are entitled to execute the award according to law.

c) If amount is deposited within stipulated time as stated herein above, the liberty granted to the respondents claimants to take out appropriate application, if they so desire, for withdrawal of the amount and that application will be decided on its own merits.

d) Civil Application stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2