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Bombay High CourtCAF/3340/2014disposed off

Shriram General Insurance Company Limited v. Mr. Parshuram Ramchandra Warang And Another

2015-08-05Hon'Ble Shri Justice K.K. Tated2 pages

37.3340.14-fa FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE SIDE JURISDICTION.

CIVIL APPLICATION NO.3340/2014 IN FIRST APPEAL NO.1175/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Nikhil Mehta i/b. KMC Legal Venture for the Applicant CORAM : K. K. TATED, J.

DATE : AUGUST 5, 2015 P.C.:

1.

Heard. None for the Respondent though duly served.

2.

This Application is preferred by the Insurance Co. for stay of the operation and implementation of the impugned award dated 04/06/2014 passed by the MACT, Sindhudurg at Oras in MACP No.51/2011 by which the Trial Court held that the Respondent claimant is entitled to compensation of Rs.1,31,488/- with 8% p.a,. towards compensation.

3.

The learned counsel for the Applicant submits that as per order dated 24/09/2014 passed by this court, they deposited the entire award amount in the Tribunal. Statement is accepted. Basavraj G Patil 1/2

37.3340.14-fa 4.

Considering the submissions made by the learned counsel for the Applicant following order is passed:

a.

The operation and implementation of the impugned award dated 04/06/2014 passed by the MACT, Sindhudurg at Oras in MACP No.51/2011 is stayed till hearing and final disposal of the appeal. b.

The Tribunal is directed to invest the award amount in a fixed deposit account of any Nationalized bank, initially for a period of one and half year which will be renewed from time to time till hearing and final disposal of the appeal. c.

Liberty granted to the Respondent - claimant to file an appropriate Application for withdrawal of the amount, if they so desire, which will be decided on its own merits.

d.

Civil Application stands disposed off accordingly.

JUDGE Basavraj G Patil 2/2