Smt. Salama Khatoon Washi Ahemad ... vs United India Insurance Co. Ltd
2023 Latest Caselaw 8287 Bom

                                                                   5-FA-1480-2019.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               CIVIL APPELLATE JURISDICTION

                        CIVIL APPLICATION NO.2071 OF 2017
                                        IN
                          FIRST APPEAL NO.1480 OF 2019
                                       WITH
                          FIRST APPEAL NO.1480 OF 2019

 UNITED INDIA INSURANCE CO. LTD.                            )...APPLICANT

          V/s.

 SMT. SALMA KHATOON WASHI AHEMAD                            )
 KHAN AND OTHERS                                            )...RESPONDENTS
                                      WITH
                    INTERIM APPLICATION NO.14275 OF 2023
                                     IN
                        FIRST APPEAL NO.1480 OF 2019

 Ms.Varsha Chavan, Advocate for the Applicant/Appellant.
 Mr.Husain A. Hasim, Advocate for the Respondents 1 to 5 and for the
 Applicant in IA/14275/2023.

                                   CORAM      :    ABHAY AHUJA, J.

                                   DATE       :    11th AUGUST 2023

 P.C. :

1. This is an application seeking stay to the execution of the

impugned judgment and award dated 9 th September 2016 passed by

Motor Accident Claims Tribunal, Mumbai, in Motor Accident Claim

Petition no.2466 of 2010.

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                                                                5-FA-1480-2019.doc

2. Learned Counsel for the Applicant would point out that the

entire decretal amount has already been deposited and stay was

granted earlier, which was also extended. Mr.Hasim, learned Counsel

for the Respondents, confirms that the entire decretal amount has been

deposited.

3. Having heard the learned Counsel and having perused the

application and the record, let the stay granted earlier be continued till

the final disposal of the Appeal.

4. The application, accordingly, stands disposed.

INTERIM APPLICATION NO.14275 OF 2023

5. Not on board. Taken on board.

6. This is an application seeking withdrawal of 50% of the amount

deposited in the Court on the grounds mentioned therein. However,

Ms.Varsha Chavan, learned Counsel for the Insurance Company,

opposes the request stating that already some amount has been

withdrawn by the claimants from the Employees State Insurance

Corporation (ESIC) and under Section 53 of the said Employees State

Insurance Corporation Act, there is a bar against receiving or

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5-FA-1480-2019.doc

recovering compensation or damages under any other law, and

therefore, no amount can be allowed to be withdrawn. Learned

Counsel would submit that let the First Appeal be heard instead.

Learned Counsel for the Applicants submits that some time be granted

to file reply.

7. Let reply be filed within a period of two weeks. Rejoinder, if any,

within a period of one week thereafter. List on 7th September 2023.

                                         (ABHAY AHUJA, J.)




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