Nitin V. Raiker v. Bhimsen Tanaji Gawade And ANR

901-MCA 310-22.DOC Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.310 OF 2022 IN FIRST APPEAL NO.33 OF 2019 NITIN V. RAIKER ... Applicant

Versus

BHIMSEN TANAJI GAWADE AND ANR.

... Respondents Ms. Sapna Mordekar, Additional Government Advocate for the Applicant.

Mr. Salil S. Saudagar, Advocate for the Respondents.

CORAM:

M. S. SONAK, J.

DATED :

th OCTOBER 2022 P.C.:

1.

Leave is granted to deposit the part amount. However, since the extension is applied for up to 19.10.2022, the Director of Fire and Emergency Services, must ensure that the entire awarded amount together with interest is deposited in this Court latest by 19.10.2022. 2.

In terms of the award made on 22.07.2022, the entire amount had to be deposited by 03.09.2022. This application was filed on 07.09.2022 and the extension prayed was for six weeks from the date 13th October 2022

901-MCA 310-22.DOC of filing of the application i.e. 07.09.2022. Even this period expires on 19.10.2022.

3.

By now, therefore, the entire amount must be ready with the Director of Fire and Emergency Services. This amount will therefore have to be deposited on or before 19.10.2022. 4.

This is a case of payment of compensation under the Motor Vehicles Act. The claimants are the parents of the deceased. Therefore, in a matter of this nature, no further indulgence can be shown to the department.

5.

At one stage, it was considering whether some orders should be made restraining the payment of salaries to the Director of Fire and Emergency Services until this awarded amount is paid. However, in the fond hope that no such occasion will arise and the amount will be deposited positively on or before 19.10.2022, no such order is made. 6.

The application seeking extension is allowed in the aforesaid terms. Accordingly, the same is disposed of.

7.

All concerned to act on the authenticated copy of this order. M. S. SONAK, J.

TARI AMRUT NAGESH Date: 2022.10.13 16:49:21 +05'30'

13th October 2022