The Oriental Insurance Co. Ltd., Thr Its Authorized Signatory, Aurangabad v. Shobha Suresh Choudhary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO.14548 OF 2019 IN CIVIL APPLICATION NO.10273 OF 2019 IN FIRST APPEAL NO.2886 OF 2019 THE ORIENTAL INSURANCE CO.LTD., THR ITS AUTHORIZED SIGNATORY, AURANGABAD

VERSUS

SHOBHA SURESH CHOUDHARY & OTHERS ...

Advocate for Applicant:Mr.Dhananjay P.

Deshpande ...

CORAM : V.L.ACHLIYA,J.

DATE : 10.12.2019 PER COURT:

1] This application is filed seeking modification of the order dated 27th August, 2019 passed in Civil Application No.10273/2019 filed in First Appeal No.2886/2019 for the reasons set out in detail in the application.

2] In brief, it is the contention of the learned counsel for the applicantappellant that the Tribunal has passed the award, holding the respondent nos.1 to 4 in Claim Petition liable to pay compensation jointly and severally. It is submitted that

respondent no.8 [original respondent no.4 in Claim Petition] has deposited 50% amount in terms of award dated 18th April, 2019. The applicant-appellant is required to deposit balance 50% of amount. While passing the order dated 27th August, 2019, this Court has directed to deposit the entire amount in terms of the award under challenge.

3] In view of deposit of 50% amount by the respondent no.8, learned counsel for the applicant urged to modify the order dated 27th August, 2019, restricting directions to deposit the amount to the extent of 50%.

4] In view of categorical statement made, 50% amount deposited by the Insurance Company in terms of award, I am of the view that the order dated 27th August, 2019 deserves to be modified. Accordingly, application is allowed in terms of prayer clause-B. The applicant is directed to deposit the amount to the extent of 50% of the award with interest thereon within four weeks from the date of this order.

5] Civil Application is disposed of in above terms.

[V.L.ACHLIYA] JUDGE DDC