ORDER IN FIRST APPEAL Having considered the submissions advanced by Mr.Nanavati, learned advocate for the appellant, so also considering the impugned judgment and award rendered by the Tribunal, the appeal requires consideration and hence, ADMITTED.
Mr.Amit Chaudhary, learned advocate appears and waives service of NOTICE of admission qua respondent no.3-original claimant.
ORDER IN CIVIL APPLICATION
1.Rule Mr.Amit Chaudhary, learned advocate appears and waives service of RULE qua respondent no.3-original claimant.
2.Having considered the submissions advanced on behalf of both the sides and more particularly, considering the fact that in the main appeal there is challenge to the quantum of compensation awarded by the Tribunal, this Court is of the opinion that the interest of respondent nos.1 and 2 cannot be said to be conflicting with the interest of the applicant-appellant-Insurance company, and therefore, for the purpose of disposal of this application, the presence of respondent nos. 1 and 2 is not necessary.
3.Considering the facts and circumstances of the case and considering the impugned judgment and award rendered by the Tribunal and the submissions advanced on behalf of both the sides, there shall be ad-interim stay in terms of Para-
4. 6(A) of the application on the condition that the applicant-Insurance Company shall deposit the entire awarded amount with interest and proportionate cost thereon, awarded by the Tribunal, with the concerned Tribunal within four weeks hereof.
5. Mr.Chaudhary, learned advocate for the repsondent no.3-original claimant submitted that qua the undisputed amount, interim disbursement order may be passed.
HC-NIC Page 2 of 3 Created On Mon Aug 21 06:13:10 IST 2017 FA/2969/2012 3/3 ORDER
6. I have taken into consideration the submissions advanced by Mr.Nanavati, learned advocate for the applicant-Insurance Company, so also ground (I) in the appeal memo. Since, Rs.10,55,277/- are undisputed amount, the Tribunal shall disburse the said amount to the applicant in accordance with rules.
7. The remaining amount which shall be deposited by the applicant-Insurance company shall be invested by the Tribunal in the FDR in cumulative deposit in any nationalized bank in the name of respondent no.3-original claimant initially for the period of three years which period shall be automatically extendable at the interval of every one year, till the main appeal is finally heard and decided. The original FDR shall be kept in the custody of Nazir of the concerned Tribunal. The instant application, therefore, accordingly stands disposed of.
8. Mr.Chaudhary, learned advocate for the respondent no.3-original claimant requested for Direct Service. Direct Service is permitted.
(J.C.UPADHYAYA,J.) Girish HC-NIC Page 3 of 3 Created On Mon Aug 21 06:13:10 IST 2017