United India Insurance Company Limited v. Mr. Kishore Chandrakant Shinde And ANR.
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3221/2015 IN FIRST APPEAL (ST) NO. 29948/2014 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Varsha K. Chavan for the Applicant Mr. V. M. Parkar & Mrs. S. U. Mehta for the Respondent No.1.
CORAM : K. K. TATED, J.
DATE : JANUARY 20, 2016 P.C.:
1.
Heard. This Application is made by the Insurance Company for stay operation and implementation of the impugned judgment and award dated 07/08/2014 passed by the MACT, Mumbai in Application No.1352/2007 by which the Tribunal held that the Respondent-claimant is entitled to compensation of Rs.1,07,000/- with interest @ 7.5 % p.a.
2.
The learned counsel for the Applicant submits that pursuant to the order dated 21/11/2015 they already deposited the entire awarded amount in the Tribunal. Statement is accepted.
1/3
3.
Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.
4.
Hence, the following order:
a.
The operation and implementation of the impugned judgment and award dated 07/08/2014 passed by the MACT, Mumbai in Application No.1352/2007 is stayed, till hearing and final disposal of the appeal.
b.
The Tribunal is directed to invest the remaining award amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the appeal.
c.
Liberty granted to the claimants to make an appropriate Application for withdrawal of awarded amount, if they so desire, which will be decided on its own merits d.
The statutory deposit, if any, made by the 2/3
Applicant at the time of filing the First Appeal be transferred to the Tribunal.
e.
Civil application stands disposed off accordingly.
JUDGE 3/3