Smt. Sundrabai Sukhdeo Sope And ANR. v. The New India Assurance Co. Ltd. And ANR.

1702.15-caf FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.1702 OF 2015 IN FIRST APPEAL NO.2050 OF 2007 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. M. Khankar for the Applicant Ms. Vena Shelkar i/b. S. M. Vidyarthi for the Respondent.

CORAM : K. K. TATED, J.

DATE : MAY 8, 2015 P.C.:

1.

Heard. This Application is preferred by claimants for direction to the Trial Court to continue the investment as per order dated 11/04/2008 passed in Civil Application No.2082/2008.

2.

In the present proceedings, the Applicant filed claim Application before the MACT, Mumbai which was decided by the Tribunal on 01/03/2006 holding that the Applicant claimant is entitled to sum of Rs.36,800/- with 7.5% p.a. interest by way of compensation.

Basavraj G Patil 1/2

1702.15-caf 3.

Being aggrieved by the said order, the Insurance Co.

preferred First Appeal No.2050/2008 which is admitted by this court. The Appellant Insurance Co. preferred Civil Application No.2082/2008 for stay. This court, by order dated 11/04/2008, directed the Tribunal to invest the amount of compensation with Sub Post Master, Mangalwedha, Dist. Solapur in monthly income scheme, initially for a period of 6 years. Said investment matured on 22/10/2014. Considering these facts and as the First Appeal is pending for hearing and final disposal, following order is passed:

a.

The Tribunal is directed to reinvest the said amount with Sub Post Master, Mangalwedha, Dist. Solapur in monthly income scheme and same to be continued till hearing and final disposal of the present appeal on same terms as stated in order dated 11/04/2008 in Civil Application No.2082/2008.

b.

Civil Application stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2