Bombay High Court
Cholamandalam M.S. General Insurance ... vs Kum. Simran Arif Pathan (Minor) And Ors on 26 June, 2019
Author: K. K. Tated
Bench: K.K. Tated
509- CAF 2239 of 2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION No. 2239 OF 2019
IN
FIRST APPEAL (ST) No. 16160 OF 2019
Cholamandalam M.S. General
Insurance Co. Ltd. ...Applicant
Vs.
Kum.Simran Arif Pathan
and Ors. ...Respondents
Mrs. Deepika Prabhala i/b. Res Juris for the
Applicant
CORAM: K.K. TATED, J.
DATED : JUNE 26, 2019
P.C. :
1. Not on board. Upon mentioning, the matter
is taken on board for urgent orders.
2. Heard learned counsel Mrs. Deepika Prabhala
for the Applicant.
3. By this application, the Applicant is
seeking stay of the operation and
implementation of the judgment and award dated
16th October, 2018 passed by the Motor Accident
Claim Tribunal, Nashik in Claim Application
No.716/2014, holding that the
Respondents/Claimants are entitled sum of Rs.
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42,91,920/- by way of compensation with
interest @ 8% p.a.
4. Learned counsel for the Applicant submits
that there is an urgency in the present
matter. She submits that the
respondents/Claimants filed execution
application for recovery of the entire awarded
amount. She submits that in the present
proceeding, they are challenging the judgment
and award passed by the tribunal merely on the
issue of quantum. The tribunal has awarded the
compensation at higher side.
5. The learned counsel for the Applicnat
submits that they have good chance of success
in the present proceeding. She submits that if
the entire amount is recovered by the Original
Claimant in execution application, then
nothing will survive in the present first
appeal. Therefore, in the interest of justice,
this Hon'ble Court be pleased to stay the
operation and implementation of the impugned
judgment and award till the hearing and final
disposal of the first appeal.
6. Learned counsel for the Applicants submits
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that, she received instructions from her
clients that, the Applicants are ready and
willing to deposit the entire awarded amount I
MACT, Nashik within four weeks from today. The
statement is accepted.
7. It is to be noted that in the present case,
the accident occurred on 2nd January,2014, in
which, Claimant No.1 lost her father. On the
date of accident, the deceased was 43 years'
old and he was running a readymade garment
shop in the name of 'Simran Rady-mde Garments'.
He was earning Rs.1,66,680/- per annum.
Considering these facts and as there is a delay
on the part of the Applicant to file First
Appeal, I am satisfied that the
respondents/Original Claimants can be permitted
to withdraw some amount without furnishing any
security, but subject to outcome of the First
Appeal.
8. Hence, following order:
ORDER
(A) Civil Application is allowed in terms of prayer clause (b), which reads thus, on a Tikam 3/ ::: Uploaded on - 06/07/2019 ::: Downloaded on - 15/07/2019 05:58:29 ::: 509- CAF 2239 of 2019.doc condition that the Applicant to deposit the entire awarded amount along with interest thereon,on or before 25th July, 2019, failing which, Civil Application shall stand dismissed without referring back to the Court. Prayer clause (b), which reads thus:
"(b) Pending hearing and final disposal of the first appeal the execution, implementation and operation of judgment and award dated 16.10.2018 passed by the Learned Member, Motor Accident Claims Tribunal, Nashik in MACP No. 716/2014 may kindly be stayed."
(B) If the entire amount is deposited within stipulated time as stated hereinabove, Respondent No.2- Tabassum Ekbal Shaikh is entitled to withdraw 25% amount with accrued interest thereon without furnishing any security for the benefit of Claimant No.1, but subject to the outcome of the first appeal. (C) The Tribunal is directed to invest the remaining amount in a fixed deposit of any Nationalized Bank, initially, for a period of one year and to be continued till the further orders.
Tikam 4/ ::: Uploaded on - 06/07/2019 ::: Downloaded on - 15/07/2019 05:58:29 ::: 509- CAF 2239 of 2019.doc (D) Liberty is granted to Respondents/Original Claimants, if they so desires, to prefer an application for withdrawal of the further amount and that application may be decided on its own merits.
(E) Civil Application stands disposed of accordingly.
(F) No order as to costs.
(K. K. TATED, J.)
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