The New India Assurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Sudam Ankush Shinde And ORS
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.4820/2020 IN CIVIL APPLICATION NO.1847/2020 IN FIRST APPEAL (ST.) NO.514/2020 THE NEW INDIA ASSURANCE CO.LTD. THROUGH ITS AUTHORIZED SIGNATORY, AURANGABAD
VERSUS
SUDAM ANKUSH SHINDE & OTHERS.
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Shri M.M. Ambhore, Advocate for applicant.
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CORAM: V.L. ACHLIYA, J.
DATE: 14.08.2020 PER COURT :
1] The applicant - appellant has moved this application seeking modifcation of order dated 14.2.2020 for the reasons set out in detail in the application.
2] Heard learned counsel for the applicant. Perused the order dated 14.2.2020 passed in Civil Application No.1847/2020. 3] In brief, it is the contention of learned counsel for the applicant - appellant that the appeal preferred by the appellant raises challenge to making the appellant liable to pay compensation to the extent of 50%. It is submitted that the liability to pay compensation has been apportioned to the extent of 50% as against opponent nos.1 & 2 and balance 50% was to be paid by opponent nos.3 & 4. The applicant - appellant has deposited the amount in this Court in terms of the award i.e. to the extent of 50% as
- 2 - determined by the Tribunal. Due to inadvertence, it remained to be brought to the notice of the Court that the stay was claimed only to the extent of 50% of the amount awarded by the Tribunal as against the applicant / appellant insurance company.
4] The order passed by the Tribunal reads as under: " i) Petition is partly allowed with proportionate cost. ii) The opponents No. 1 to 4 are jointly and severally liable to pay compensation amount of Rs. 12,72,500/- (Rs. Twelve lakhs seventy two thousand fve hundred only) with interest @ 7% p.a. from the date of the petition till realization of the entire amount, to the petitioners. iii) Opponents no. 1 and 2 are liable to pay to the extent of 50% with interest @ 7% and opponent no.3 and 4 also liable to pay to the extent of 50% with interest @ 7% of compensation of Rs. 12,72,500/- to the petitioners. iv) On depositing the amount with this Tribunal, the Superintendent, Cash and Finance is hereby directed to invest an amount of Rs. 2,25,000/- (Rs.
Two lakh twenty fve thousand only) each along with accrued interest on entire amount in the name of petitioners No.2 to 5 in any Nationalized Bank of their choice till they attain majority. v) Out of compensation amount, the Superintendent, Cash and Finance is hereby directed to pay remaining compensation amount Rs. 3,72,500/- (Rs. Three lakh seventy two thousand fve hundred only.) to petitioner no. 1 by account payee cheque.
vi) Award be drawn-up accordingly after payment of defcit court fee, if any."
- 3 - v) Out of compensation amount, the Superintendent, Cash and Finance is hereby directed to pay remaining compensation amount Rs. 3,72,500/- (Rs. Three lakh seventy two thousand fve hundred only.) to petitioner no. 1 by account payee cheque.
vi) Award be drawn-up accordingly after payment of defcit court fee, if any."
5] It is apparent from the order passed by the Tribunal that the liability of the applicant - appellant is restricted to 50% in terms of the award.
6] On due consideration of the submissions advanced and further considering the order passed by the Tribunal, I am of the view that the application seeking modifcation of order dated 14.2.2020 deserves to be allowed.
7] Accordingly, the application is allowed in terms of prayer clause (B). The execution of award is stayed to the extent of liability of the applicant / appellant - insurance company. 8] The application is disposed of in above terms. (V.L. ACHLIYA, J.) ndk/c148204.doc