Smt. Kalavati Gotiram Kolekar And ORS. v. Bajaj Allianz General Insuance Co. Ltd.

32 iii caf 766-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 766 OF 2018 IN FIRST APPEAL (st) NO.24389 OF 2015 Kalavati Gotiram Kolekar & Ors.

..Applicants In the matter between Bajaj Allianz General Insurance Company Ltd. ..Appellants versus Kalavati Gotiram Kolekar & Ors.

..Respondents Ms. Sanjay Ghaisas for the Applicant Mr. Yogita Deshmukh for the Respondents/Appellants Insurance Co.. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATED : 14TH MARCH, 2018.

P.C.

1.

The applicants herein are the claimants in MACP Case No.42 of 2007. By Judgment and Award dated 26.11.2014, the respondents herein were directed to pay compensation of Rs.7,62,600/- with interest @ 6% p.a. The said amount was to be paid equally to the applicant nos.1 to 4. The respondents have challenged the said judgment and award, and have deposited an amount of pps

32 iii caf 766-18.doc Rs.10,79,903/- which includes the award amount, inclusive of interest.

2.

The Tribunal is directed to pay equally 25% of the amount deposited by the respondent along with accrued interest to the applicants/claimant nos.1 to 4, on furnishing an undertaking to the MACT that they will abide by the final orders that may be made in this appeal. The balance 75 % of the amount be equally invested in the respective names of applicant/ claimant nos.1 to 4 in any nationalized bank, until further orders.

3.

Payment of compensation is subject to the final outcome of the appeal.

4.

Civil Application stands disposed of.

(ANUJA PRABHUDESSAI, J.) pps