Reliance General Insurance Co. ... vs Nasimali Sattarali Sayyed And Anr
2021 Latest Caselaw 3877 Bom

                                                                         20-94772-2020-IAst-stay=.doc


                       Uday S. Jagtap


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION

                                        INTERIM APPLICATION (ST.) NO. 94772 OF 2020
                                                             IN
                                            FIRST APPEAL (ST.) NO. 94770 OF 2020

                       Reliance General Insurance Co. Ltd.              .. Applicant

                                Vs.

                       Nasimali Sattarali Sayyad & Ors.                 .. Respondents

                                                        .....
                       Ms. Kalpana R. Trivedi for the applicant
                       Mr. T.J. Mendon for the respondents

                                                         CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 2nd MARCH, 2021

P.C.

1. This is an application seeking stay to the execution and implementation of the judgment and award passed by the M.A.C.T., Mumbai in M.A.C.P. No. 2105 of 2012 on 27 th August, 2019.

2. By the impugned judgment and award, the learned Member of the Tribunal has granted an amount of Rs.20,73,797/- as a compensation to the claimants on account of he suffering with a permanent partial disability to the extent of 12.5%.

3. It is contended that the appellant has a good case on merits and, therefore, if the execution of the impugned award is not stayed,

Digitally the appeal would become infructuous.

          signed by
          UDAY
UDAY      SHIVAJI
SHIVAJI   JAGTAP
          Date:
JAGTAP    2021.03.04
          11:30:33
          +0530


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                                                   20-94772-2020-IAst-stay=.doc

4. Mrs. Trivedi, learned Counsel for the applicant - insurer, on instructions, submits that she would deposit the entire amount of compensation with accrued interest within four weeks before the MACT, Mumbai. Statement is accepted.

5. In view of the statement by the learned Counsel for the applicant, there shall be ad-interim relief in terms of prayer clause

(a), subject to deposit of the amount as above.

6. If the applicant fails to deposit the entire amount within four weeks, ad-interim relief shall stand vacated without further reference to the Court.

7. After depositing the amount, the applicant shall inform the respondents-claimants about the factum of deposit within one week.

8. The respondents are at liberty to withdraw 60% of the amount that would be deposited by the applicant before the concerned M.A.C.T upon furnishing an undertaking by the next friend of the respondents - claimants within two weeks that if the appellant succeeds in the appeal, the respondents shall refund the amount with interest at such rate as would be directed by this Court depending upon the outcome of the first appeal.

9. If the next friend of the claimants does 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 a

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fixed deposit in any Nationalized Bank for a period of one year and thereafter for one more year again after obtaining order from this Court.

10. If 60% amount is withdrawn by the respondents, balance amount shall be invested by the M.A.C.T in a fixed deposit as stated above, in a Nationalized Bank.

11. The application stands disposed of.

(PRITHVIRAJ K. CHAVAN, J.)

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