The Reliance General Insurance ... vs Mr. Omkar Dattatray Tawade
2021 Latest Caselaw 14488 Bom

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         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                 INTERIM APPLICATION NO.2682 OF 2021
                                            IN
                  FIRST APPEAL (ST) NO.94474 OF 2020


The Reliance General Insurance Co. Ltd...                    Applicant/
                                                             Appellant
        Versus
Omkar Dattatray Tawade & Anr.                      ..        Respondents
                                            ...

Ms.Kalpana R. Trivedi for the Applicant/Appellant.
Mr.Arsh Mishra i/b Mr.Vishal A. Dhende for the Respondent.
                             ...

                          CORAM: BHARATI DANGRE, J.

DATED : 05th OCTOBER, 2021

P.C:-

1. The present application is taken out, seeking stay to the effect and operation of the judgment and order dated 20/02/2020 passed by M.A.C.T., Mumbai in M.A.C.P. No.2187 of 2014.

Learned counsel for the Appellant states that the Appeal is restricted only to the assessment of quantum of compensation and, therefore, the Appeal itself can be heard finally. She does not dispute that the exeecution proceedings are initiated vide Darkhast No.174 of 2020. She has also placed on record an undertaking filed by the Appellant to the effect that the amount of award alongwith interest and cost to

M.M.Salgaonkar

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the tune of Rs.57,67,268/- shall be deposited in the Tribunal on or before 10/10/2021. The Appellant is exepected to act upon the said undertaking and on the amount being deposited as undertaken, there shall be stay in the exeecution proceedings.

2. Learned counsel for the Respondents urge that the Respondent No.1 has suffered 90% disability and is in dire need of monetary assistance and he may be permitted to withdraw the amount.

3. On deposit of the aforesaid amount within the scheduled date, Respondent No.1 is at liberty to take out an application seeking withdrawal of compensation deposited.

4. List the Appeal for further hearing on 20/10/2021.

( SMT. BHARATI DANGRE, J.)

M.M.Salgaonkar