1 c.a.12579.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12579 OF 2010 IN FIRST APPEAL NO.1806 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri.A.B.Gatane,Advocate for Applicant. Shri.H.I.Pathan,Advocate for Respondent Nos. 1 to 6. .... CORAM: K.K. TATED, J. DATE : 13th DECEMBER,2010. PER COURT : 1. By consent the Civil Application is taken on Board for final hearing. 2. Heard learned counsel for the parties. Present Civil Application is preferred by the applicant-Original respondent No.2-Insurance Company for stay the Judgment and Award dated 29th April, 2010 passed by the Ex-Officio Member of Motor Accident Claims Tribunal, Nanded in Motor Accident Claims Tribunal No. 343 of 2004. 2 c.a.12579.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3. The learned counsel appearing for the applicant submits that Tribunal considered the income of the deceased to the tune of Rs.8000/-(Eight Thousand) and awarded amount of Rs.7,26,000/-(Rupees Seven Lacs Twenty Six Thousand). Though, the claimants admitted that the deceased was earning sum of Rs. 3000/-(Rupees Three Thousand) per month. He submits that Tribunal awarded compensation on higher side. 4. The learned counsel appearing on behalf of the applicant submits that at the most the claimants are entitled to sum of Rs. 2,20,000/-(Rupees Two Lacs Twenty Thousand) including “No Fault Liability”, which was already paid to them. These facts are admitted by the Appellant in the Ground No. VII and VIII of the Appeal Memo. 3 c.a.12579.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 5. The learned counsel further submits that respondents-original claimants filed execution petition, same is pending for hearing before the Tribunal. There is urgency in the matter. 6. The learned counsel appearing for respondent submits that the deceased was working as driver. In any case ordinary driver get monthly salary not less than Rs.6000/-(Rupees Six Thousand). Therefore, conclusion drawn by the Tribunal is correct. 7. Considering the facts and circumstances of the present case, Civil Application is allowed on following terms: (i) The Applicant to deposit entire decreetal amount excluding amount paid to the respondents-original claimants in this Court within eight weeks from today. 4 c.a.12579.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders (ii) The original claimants are entitled to withdraw sum of Rs.2,20,000/- including “No Fault Liability” already paid to them with interest on furnishing solvent surety of like amount for the satisfaction of the Registrar (Judicial). (iii) Remaining amount be invested in Fixed Deposit in any Nationalized Bank initially for a period of 181 days, and same to be renewed till hearing of First Appeal. (iv) The Civil Application is disposed of accordingly. Sd/- [K.K. TATED, J.] MTK