New India Assurance Co. Ltd. v. Ms. Santubai Ajit Lilka And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2397/2016 in First Appeal No. 698/2017 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Poonam Mittal for the Applicant Mr. Omkar Paranjpe I/b. Avinash M. Gokhale for Respondent No.1.

CORAM

: K.K.TATED, J.

DATED : APRIL 12, 2019 P.C.

Heard. Adv. Poonam Mittal states that she received instructions to appear on behalf of the Applicant Insurance Company.

She undertakes to file vakalatnama on or before 03.05.2019. Undertaking is accepted.

By this Civil Application, the Applicant Insurance Company is seeking stay to the operation and implementation of the impugned judgment and award dated 25.08.2015 passed by the MACT, Palghar in MACP No.69/2011 holding that the Respondent claimants are entitled to sum of Rs.73000/- by way of compensation with 1/3

interest @ 7%p.a.

The learned counsel for the Applicant submits that they have already deposited the entire amount in the Tribunal. The statement is accepted.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Hence, the following order:

a) The operation and implementation of the impugned judgment and award dated 25.08.2015 passed by the MACT, Palghar in MACP No.69/2011, is stayed till hearing and final disposal of the First Appeal.

b) The Tribunal is directed to invest the awarded amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the appeal.

c) Liberty granted to the claimants to prefer an appropriate Application for 2/3

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

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) 3/3