National Insurance Co. Ltd. v. Bhiwaji Bahiru Rongate And Othrs

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.2145 OF 2010 IN FIRST APPEAL NO.547 OF 2014 WITH CIVIL APPLICATION NO.2176 OF 2010 IN FIRST APPEAL NO.274 OF 2014 WITH CIVIL APPLICATION NO.2149 OF 2010 IN FIRST APPEAL NO.682 OF 2013 WITH CIVIL APPLICATION NO.2172 OF 2010 IN FIRST APPEAL NO.855 OF 2013 WITH CIVIL APPLICATION NO.2166 OF 2010 IN FIRST APPEAL (ST) NO.14545 OF 2010 WITH CIVIL APPLICATION NO.2170 OF 2010 IN FIRST APPEAL (ST) NO.14550 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. Rahul Mehta for the Applicants Mr. S. Ansari i/b. R. N. Gite for the Respondent Nos.1.

Mr. K. N. Kandekar for Respondent Insurance Co. CORAM : K. K. TATED, J.

DATE : MARCH 12, 2015 P.C.:

1.

Heard.

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2.

These Applications are preferred by the Insurance Co. for stay of the operation and implementation of the impugned judgment and award passed by the Tribunal holding that the Respondent-Claimants are entitled to compensation.

3.

The Applicant submits that they already deposited the entire decretal amount in the Tribunal. Statement is accepted. He submits that pending hearing and final disposal of the above appeals, this Hon'ble Court be pleased to stay the operation and implementation of the impugned judgment and award passed by the Tribunal.

4.

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

5.

Hence, the following order:

A) The operation and implementation of the impugned judgment and award passed by the Tribunal is stayed till hearing and final disposal of the First Appeal.

B) The Tribunal is directed to invest the amount deposited by the Applicant, in a fixed deposit 2/3

account of any Nationalized bank, initially for a period of one year which will be renewed from time to time till further orders.

C) Liberty granted to the Respondent - claimant to file an appropriate Application for withdrawal of the amount deposited by the Applicant, if they so desire, which will be decided on its own merits. D) Amount deposited by the Applicant at the time of filing of these appeals in this court be transferred to the Tribunal in respective Applications with accrued interest, if any.

E) Civil Applications stand disposed off accordingly.

JUDGE 3/3