Bharti Axa General Insurance Company Limited Thr. Mr. Kalpesh Mody Mananger Legal v. Mr. Amar Ramchandrazore And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Civil Application No.2473/2019 in First Appeal (ST) No.16986/2019 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr. Rahul Mehta I/b KMC Legal Venture for the Applicant

CORAM

: K.K.TATED, J.

DATED : JULY 15, 2019 P.C.

Pursuant to the praecipe filed by the learned counsel for the Applicant, the matter is taken on production board.

By this Civil Application, the Applicant is seeking stay to the operation and implementation of the impugned judgment and award dated 15.12.2017 passed by the MACT, Karad in MACP No.183/2011 holding that the Respondent-Claimants are entitled to sum of Rs.2,88,000/- by way of compensation with interest @ 7% p.a.

The learned counsel for the Applicant submits that the Respondent1/4

Claimant has filed Execution Application.

The learned counsel for the Applicant submits that they received instructions from their client that they are ready and willing to deposit the entire awarded amount in the Tribunal within three weeks from today. The undertaking is accepted.

It is to be noted that in an accident which occurred on 21.05.2011 the Respondent-Claimant sustained injury.

The Doctor has certified disability to the extent of 39.18% but the court has accepted it 50%. Considering these facts and as there is delay of one year in filing the First Appeal, I am of the opinion that the Respondent-Claimant can be permitted to withdraw 50% of the amount with accrued interest without furnishing any security but subject to outcome of the First Appeal.

Hence, following order is passed:

a.

The Civil Application is allowed in terms of prayer clause (a) subject to the Applicant depositing the entire awarded amount along with interest and costs in the Tribunal on or before 09.08.2019 2/4

failing which the Civil Application shall stand dismissed without further reference to the court. Prayer clause (a) reads thus:

"(a) That this Hon'ble Court be pleased to stay the effect and implementation of the judgment and award dated 15.12.2017 passed in MACT application No.183/2011 by Shri C.P. Gaddam, Member, MACT, Karad, Dist.

Satara".

b.

The Respondent-Claimant Amar Ramchandra Zore is entitled to withdraw 50% of the amount with accrued interest without furnishing any security but subject to outcome of the First Appeal.

c.

The Tribunal is directed to invest the remaining amount in a fixed deposit account of any Nationalized Bank, initially for a period of one year and same shall be renewed from time to time till hearing and final disposal of the appeal.

d.

Liberty granted to the claimants to prefer an appropriate Application for withdrawal of further amount, if they so desire, which will be decided on its own merits 3/4

e.

The Civil Application stands disposed of accordingly.

f No order as to costs.

(K.K.TATED, J.) 4/4