The New India Assurance Co. Ltd vs Sau. Prerana Shririshna Kulkarni ...
2021 Latest Caselaw 3872 Bom

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                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Trusha T.                            CIVIL APPELLATE JURISDICTION
Mohite
Digitally signed by
Trusha T. Mohite
Date: 2021.03.06               INTERIM APPLICATION (ST.) NO.3535 OF 2021
15:47:45 +0530
                                                  IN
                                   FIRST APPEAL (ST.) NO.3532 OF 2021


                      The New India Assurance Co. Ltd.          .. Applicant

                      vs.
                      Sau. Prerana Shrikrishna Kulkarni
                      & Ors.                                    .. Respondents

                                                     .....

                      Mr.Devendranath S. Joshi for the Applicant

                      Mr.Dilip Bodake for the Respondent nos.1 and 2

                                                     .....

                                               CORAM: K.K.TATED &
                                                       R.I.CHAGLA, JJ.

DATED : MARCH 02, 2021 P.C.

. Heard.

2. The learned Counsel for the Applicant submits that in the present proceeding son of original Claimants age 29 years expired in an accident which occurred on 25.05.2014. He submits that on that date, he arrived from London and was proceeding from Mumbai Airport to Pune. At that time, deceased was working in Tech Mahindra Limited from 07.07.2010 and was getting salary of Rs.1,50,000/- per month.

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3. The learned Counsel for the Applicant submits that the Tribunal has taken multiplier 17 which is on higher side. Hence, they have good chance of success in the present matter.

4. The learned Counsel for the Applicant submitted that they have already deposited 50% of total compensation of their share in the Tribunal. He submits that if the said amount is withdrawn by the Respondents original Claimants then nothing will survive in the present matter. Hence, in the interest of Justice, this Hon'ble Court be pleased to stay the operation and implementation of the impugned judgment and award dated 16.08.2019 passed by MACT, in MACP No.108 of 2015 till the hearing and fnal disposal of First Appeal qua the Applicant.

5. On the other hand, the learned Counsel for the Respondents original Claimants submits that Tribunal has awarded compensation considering the income of the deceased. He submits that on the date of accident, deceased was earning Rs.1,50,000/- per month. Not only that, Tribunal has considered multiplier 17 on lower side. Hence, judgment and awarded is according to law. There is no question of granting any stay.

6. Heard.

7. It is to be noted that in connected First Appeal (St.) No.95249 of 2020, this court granted stay to the impugned

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order and permitted the Claimants to withdraw 50% of the Insurance Company's share by furnishing undertaking within two weeks that if the Applicant Insurance Company succeeds in the Appeal, Respondents original Claimants shall return the amount with interest at such rate as would be directed by this court at that time.

8. Considering the submissions made by the learned Counsel for the Applicant and the averments made in Interim Application, we are satisfed that Applicant has made out a case for allowing the interim application. Hence, following order is passed:

a. Operation and implementation of the impugned judgment and award dated 16.08.2019 passed by MACT, Pune in MACP No.108 of 2015 is stayed till the hearing and fnal disposal of the First Appeal.

b. Respondents original Claimants are permitted to withdraw 50% amount deposited by the Applicant Insurance Company upon furnishing an undertaking within two weeks from today stating that if the Applicant succeeds in the Appeal, Respondents original Claimants shall return the amount with interest at such rate as would be directed by this court depending upon the outcome of the First Appeal.

c. Tribunal is directed to invest remaining amount in fxed deposit of any nationalised bank, initially for a period of one year and same be continued till the hearing and fnal disposal of the First Appeal.

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d.       If 50% amount is not withdrawn by the Respondents
original      Claimants within stipulated time as stated
hereinabove, the Tribunal        is directed to invest the said

amount in fxed deposit of any nationalised bank, initially for a period of one year and same to be continued till the hearing and fnal disposal of First Appeal.

e. Interim application stands disposed of accordingly.

f.       No order as to costs.




(R.I.CHAGLA, J.)                           (K.K.TATED, J.)




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