ORDER IN FIRST APPEAL;
Having considered the submissions advanced by learned advocate for the appellant-Insurance Company so also considering the impugned judgment and award dated 05.04.2012 rendered by the Tribunal, it appears that the appeal deserves consideration and hence, Admitted.
Learned Advocate Ms. Ami Patel on behalf of Learned Advocate Mr. V.D. Nanavati waives service of Notice of Admission on behalf of Respondent No. 5.
Referring to ground of the Appeal Memo, it appears that First Appeal No. 3299 of 2005 arising from the MACP No. 1123 of 2000 from the same accident, which is admitted by this Court and the same is pending for final hearing. Hence, the office is directed to list the present First Appeal alongwith the said First Appeal No. 3299 of 2005 as and when required.
ORDER IN CIVIL APPLICATION:
Having considered the submissions advanced by learned advocate for the applicant-Insurance Company so also considering the impugned judgment and award dated 05.04.2012 rendered by the Tribunal, Rule returnable on 5 th February, 2013.
Learned Advocate Ms. Ami Patel on behalf of Learned Advocate Mr. V.D. Nanavati waives service of Notice of Rule on behalf of Respondent No. 5.
In the meanwhile, there shall be ad-interim stay in terms of para-7(i) on the condition that on or before returnable date, the applicant Insurance Company shall deposit awarded amount as per the liability fixed by the Tribunal together with interest and proportionate costs, with the concerned claim Tribunal.
(G.B.SHAH, J.) Siddharth// Page 3 of 3