Leave to amend the cause-title as well as ground (D) is permitted.
ORDER IN FIRST APPEAL Having considered the submissions advanced by Mr.Shelat, learned advocate for the appellant - insurance co., so also considering the impugned judgment and award rendered by the Tribunal, it transpires that arguable issues are involved and the appeal requires consideration and, hence, admitted. Considering the facts and circumstances of the case, the appeal is ordered to be expedited.
ORDER IN CIVIL APPLICATION Having considered the submissions advanced by Mr.Shelat, learned advocate for the applicant - appellant - insurance co., and considering the impugned judgment and award rendered by the FA/2563/2012 2/2 ORDER Tribunal, rule, returnable on 10.9.2012. In the meanwhile, there shall be ad-interim stay in terms of paragraph 3(A) on the condition that on or before the returnable date, the applicant - appellant - insurance co. shall deposit the awarded amount together with interest and proportionate cost with the concerned Tribunal.
(J.C.UPADHYAYA, J.) (binoy)