National Insurance Company ... vs Ch. Onkar Santosh Mane(Minor) ...
2021 Latest Caselaw 2980 Bom

                                                                            12-IA-ST-97011-2020.doc


              Shailaja


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                 INTERIM APPLICATION [STAMP] NO.97011 2020
                                                          IN
                                       FIRST APPEAL [STAMP] NO.97007 OF 2020


              National Insurance Company Ltd.                  ]      Applicant
                          Vs.
              Ch. Onkar Santosh Mane (minor)                   ]
              through Legal Guardian;                          ]
              Vaishali Santosh Mane and others. ]                     Respondents
                                             .....
              Mr. Rahul Mehta i/b KMC Legal Venture, for Applicant.

              None for Respondents.
                                                         .....

                                                       CORAM : PRITHVIRAJ K. CHAVAN, J.

                                                       DATE        : 15th FEBRUARY, 2021.

              P.C.

1. Learned Counsel for the applicant seeks stay to the execution, operation and implementation of the Judgment and Award dated 13th December, 2019 passed by the learned Member, M.A.C.T., Sangli in M.A.C.P No.208 of 2014.

2. The learned Counsel, on instructions, makes a statement that the entire amount of Award with accrued interest will be deposited in M.A.C.T, Sangli within four weeks from today. Statement is accepted.

1 of 3 Shailaja S. Digitally signed by Shailaja S. Halkude

Halkude Date: 2021.02.16 17:24:04 +0530 12-IA-ST-97011-2020.doc

3. In view of the statement made, there shall be ad-interim relief in terms of prayer clause (a).

4. It is made clear that if the amount as stated above, is not deposited within four weeks from today, ad-interim relief shall stand vacated, without further reference to the Court.

5. After depositing the amount under Award, the applicant shall inform the factum of deposit to the respondents-claimants within two weeks thereafter.

6. Learned Counsel for the applicant objects for withdrawal of the amount of compensation by the respondents-claimants.

7. Respondents No.1 to 3 are at liberty to withdraw 30% of the amount with accrued interest that would be deposited by the applicant before the concerned M.A.C.T upon furnishing an undertaking within two weeks that if the applicant-insurer succeeds in the appeal, they will return the amount with interest at such rate as would be directed by this Court depending upon the outcome of the first appeal.

8. If respondents No.1 to 3 do not file an undertaking within the aforesaid period, the amount that would be deposited by the applicant shall be invested by the M.A.C.T in the fixed deposit of a Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

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9. If 30% amount is withdrawn by respondents No.1 to 3, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

10. The application stands disposed of.

[PRITHVIRAJ K. CHAVAN, J.]

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