Royalsundaram General Insurance ... vs Chanda Vishnu Bhilare (Deleted) ...
2022 Latest Caselaw 4838 Bom

             Digitally signed by
JAYARAJAN    JAYARAJAN
ANJAKULATH   ANJAKULATH NAIR
NAIR         Date: 2022.05.07
             16:15:42 +0530




                                                                 1/3              18 FA(st)-96957.20.odt




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                 CIVIL APPELLATE JURISDICTION
                                             FIRST APPEAL (STAMP) NO.96957 OF 2020
                                                            ALONG WITH
                                         INTERIM APPLICATION (STAMP) NO.96961 OF 2020


                                   Royalsundaram General Insurance Co. ]
                                   Ltd.                                ]      ...           Appellant

                                                Vs.

                                   Chanda Vishnu Bhilare (Deleted) & ]
                                   Ors.                              ]         ...         Respondents

                                                               ...
                                   Mr. Rahul Mehta i/b KMC Legal Venture for the appellant.

                                   Mr. C.M. Lokeshappa for respondent No.6.
                                                                 ...

                                                          CORAM : SMT. BHARATI DANGRE, J.

                                                          DATED        : 05TH MAY, 2022.

                                   P.C. :-

1. The appeal is filed by Royal Sundaram General Insurance Company Limited i.e. respondent No.5 in the M.A.C.P. No.237 of 2017, being aggrieved by the judgment and award dated 27/08/2019. By the impugned judgment, the opponent Nos.1 to 5

AJN 2/3 18 FA(st)-96957.20.odt

are jointly and severally held liable to pay compensation of Rs.45,25,000/- along with interest to applicant Nos.2 to 5.

2. The applicants are held entitled to recover the entire amount of compensation either from Group A, comprising opponent Nos.1 to 3 or from Group B comprising of opponent Nos.4 and 5. It is also directed that if the applicants recover the entire amount from one group, the said group shall be entitled to recover the amount to the extent of 50% of the total compensation from the other group.

3. While deciding the application for grant of stay, being Interim Application No.345 of 2021, the learned counsel for the Insurance Company had made a statement that the Insurance Company is ready and willing to deposit the entire amount of compensation, which was recorded in the order dated 18/02/2021, subject to which the impugned judgment and award came to be stayed.

4. However, when the Insurance Company attempted to deposit the said amount, it was revealed that the New India Assurance Company Limited i.e. respondent No.3 to the claim petition has already deposited an amount of Rs.18,39,919/-. The learned counsel Mr. Mehta makes a specific statement that the remaining amount as per the award, which is worked out as Rs.29,06,458/-, shall be deposited by the applicant before the Tribunal, which would result in deposit of the entire amount of compensation AJN 3/3 18 FA(st)-96957.20.odt

awarded under the impugned judgment.

5. Subject to deposit of the said amount within a period of four weeks from today, there shall be stay to the operation, execution and implementation of the award dated 27/08/2019 passed by the MACT, Pune in MACP No.237 of 2017.

6. Needless to state that in case of failure on part of the applicant as directed above, shall permit the claimants to seek execution of the impugned award.

[SMT. BHARATI DANGRE, J.]

AJN