Sunita Ramanand Sable And ORS v. United India Insurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad And ORS

CA 15353/17 in FAST 26605/17 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.15353/2017 IN FIRST APPEAL (ST) NO.26605/2017 Sunita Ramanand Sable & others.

...Applicants..

Versus

United India Insurance Company Ltd., through its authorized signatory, Aurangabad & others.

...Respondents...

.....

Shri Dnyaneshwar J. Patil, Advocate for applicants. Shri S.G. Chapalgaonkar, Advocate for respondent no.1. Shri S.V. Gundre, Advocate for respondent nos.3 & 4. .....

CORAM: M.S. SONAK, J.

DATE: 17.01.2018 ORDER :

1] Heard learned counsel appearing for the parties. 2] The impugned award has already made a direction that an amount of Rs.4,00,000/- in all is required to be deposited in the name of the claimants and further they are entitled to receive the interest that accrues on the said amount quarterly. Therefore, even though the execution of the impugned award is already stayed, it is

CA 15353/17 in FAST 26605/17 - 2 - directed that the claimants be paid the interest on the amount of Rs.4,00,000/- on quarterly basis.

3] In addition to the aforesaid, the claimants are further permitted to withdraw an additional amount of Rs.1,00,000/-.

4] The aforesaid withdrawal shall be subject to the applicant - claimant no.1 - Sunita Ramanand Sable filing an undertaking to the effect that such withdrawal shall be subject to the final orders in this appeal. 5] It is clarified that the stay granted to the execution of the award is restricted only to the appellant - insurance company and, therefore, the claimants shall be entitled to execute the award against the owner / driver. In the course of execution proceedings, the executing Court to take note of the amounts already withdrawn by the applicants.

6] Civil application is disposed of accordingly. (M.S. SONAK, J.) ndk/c1711824.doc