Bajaj Allianz General Insurance Company Ltd. Thr. Its Divisional Officer v. Shri. Mohammed Jahid Shafique Ahemad Ansari Thr.Father Shafique Ahmed Rashid Ansari And ANR.

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLCIAITON NO.2546/2019 IN FIRST APPEAL (ST) NO.19778/2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Advocate Mr.S.S.Diwan for applicant.

CORAM : K. K. TATED, J DATE : JULY 18, 2019.

P.C.:

Heard learned counsel for applicant.

2.

By this civil application, the applicant/original Respondent no.2-Insurance Company is seeking stay of operation and implementation of judgment and award dated 5.3.2019 passed by passed by MACT, Nashik, in MACP No.123/2011 holding that the respondent/claimant is entitled sum of Rs.27,25,600/- by way of compensation with interest @ 8% pa 1/5

3.

Learned counsel for applicant submits that the respondent/claimant has filed execution application for recovery of entire amount, hence, there is urgency. 4.

Learned counsel for applicant submits that at the time of awarding compensation to the tune of Rs.27,25,600/- the Tribunal failed to consider the fact that, Respondent failed to place on record any documentary evidence. Even the Tribunal has not considered contributing neglegency at the time of deciding the compensation. He submits that they have good chance of success. He submits that if entire amount is recovered by respondent/claimants in execution application, then nothing will survive in the present proceeding. Hence, in the interest of justice, this Court be pleased to stay the operation and implementation of the impugned Judgment and Award.

5.

Learned advocate for applicant submits that he received instructions from his client that they are ready to deposit the entire amount.

6.

In the present proceeding in an accident which occurred 2/5

on 6.6.2009 the respondent/claimant sustained multiple injuries. At that time, he was 22 years only. Because of accident he sustained permanent disability to the extent of 100%.

7.

Considering this fact, I am of the opinion that applicant may be permitted to withdraw 50% amount till hearing and final disposal of first appeal. Hence, following order. A) Civil application allowed in terms of prayer clause (b) on condition that applicant to deposit entire awarded amount alongwith interest in the Tribunal on or before 9.8.2019 failing which first appeal will stand dismissed without referring back to the court. Prayer clause (b) is reproduced as under;

"(b) That pending hearing and final disposal of the present First Appeal, the effect, operation, implementation and execution of the impugned judgment and award dated 5.3.2019 passed by the Motor Accident Claim Tribunal at Nashik, in MACP no.123/2011 and disbursal of 3/5

amount thereunder, be kindly stayed."

B) If the amount is deposited within stipulated time as mentioned above, respondent is entitled to withdraw 50% amount of compensation with accrued interest without furnishing any security but subject to outcome of first appeal.

C) Tribunal is directed to invest remaining amount in a Fixed Deposit in any Nationalized bank, initially for a period of one year and thereafter same be continued till further orders. D) Liberty granted to respondents/claimants if they so desire, to prefer appropriate application for withdrawal of further amount and that application will be decided on its own merits. E)Civil application is disposed of.

(K.K.TATED, J.) 4/5

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