New India Insurance Co. Ltd. v. Asmita Prashant Gaikwad And ORS

ca9934.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9934 OF 2016 WITH CIVIL APPLICATION NO. 9935 OF 2016 IN FIRST APPEAL (ST) NO. 21402 OF 2016 NEW INDIA INSURANCE CO. LTD.

VERSUS

ASMITA PRASHANT GAIKWAD AND OTHERS .....

Advocate for the applicant: Mr. S. G. Chapalgaonkar Advocate for respondent Nos. 1 to 3: Mr. P.S. Chavan .....

CORAM : V. K. JADHAV, J.

DATED : 14th JULY, 2016 PER COURT:- 1.

Heard.

2.

Notice to the respondents, returnable on 25.08.2016. 3.

Mr. Chavan, learned counsel, waives notice for respondent Nos. 1 to 3.

4.

Learned counsel for the applicant submits that applicant insurer has already deposited entire amount under award. Learned counsel for the respondents-claimants has conceded the said position. In the light of above, till disposal of first appeal, there shall be stay to the effect, implementation and execution of the judgment

ca9934.16 -2and award impugned in the first appeal. Civil application for stay is disposed of.

5.

Considering the challenge to the judgment and award passed by the learned Member, M.A.C.T. Osmanabad, claimant No.1 Asmita Prashant Gaikwad, is permitted to withdraw the amount falling to her share as per the apportionment made by the Tribunal, by furnishing undertaking to the satisfaction of Registrar (Judicial) of this Court. The remaining amount shall be kept in fixed deposit, in equal shares, in the names of minor claimant Nos. 2 and 3, in any Nationalized Bank till disposal of the appeal. ( V. K. JADHAV, J.) rlj/