Order in First Appeal:
Having considered the submissions advanced by the learned advocate for the appellant, so also, considering the impugned judgment and award dated 27/08/2012 rendered by the tribunal, it appears that the appeal deserves consideration and hence, admitted.
Order in Civil Application:
Having considered the submissions advanced by the learned advocate for the applicant, so also, considering the impugned judgment and award rendered by the tribunal, Rule, returnable on 12th February 2013. The learned advocate for the applicant has drawn the attention on ground (F) of the Appeal Memo and submitted that, as such, the Tribunal has awarded Rs.7,97,600/-, out of which, the appellant applicant - insurance company has admitted its liability in the sum of Rs.6,19,000/- and the present First Appeal is filed challenging the award in the sum of Rs.1,78,560/-. The said aspect is considered. The learned advocate for the applicant appellant has also put reliance on the decision of the Hon ble the Apex Court in Bijoy Kumar Dugar Vs. Bidyadhar Dutta & Ors., reported in AIR 2006 SC 1255. Hence, there shall be ad-interim stay in terms of Para 6(A) of the Civil Application, on the condition that, on or before the returnable date, the applicant shall deposit the entire awarded amount together with the proportionate costs and interest with the tribunal.
[ G. B. Shah, J. ] hiren Page 2 of 2