1 caf3633-2714-09 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 3633 OF 2009 IN FIRST APPEAL NO. 1899 OF 2010 New India Assurance Co. Ltd. .. Applicant V/s. Rohit Shashikant Mone & Ors. .. Respondents WITH CIVIL APPLICATION NO. 2714 OF 2009 IN FIRST APPEAL NO. 1900 OF 2010 United India Insurance Co. Ltd. .. Applicant V/s. Rahit Shashikant Mone & Ors. .. Respondents ..... Mr. Amol Gatne for the applicant in C.A. No.2714 of 2009. Mr. T. J. Mendon for respondent No.1 in C. A. 2714 of 2009. Mr. D. S. Joshi for respondent No.4 in C. A. 2714 of 2009. Mr. D. S. Joshi for applicant in C. A. No. 3633 of 2009 Mr. T. J. Mendon for respondent Nos.1, 2 and 3 in C. A. No. 3633 of 2009. Mr. T. J. Mendon for applicant in C. A. 3816 of 2011. Mr. D. S. Joshi for the respondent No. 1 in C.A. 3816 of 2011. ..... CORAM : A.S.OKA, J. DATE : OCTOBER 5, 2011. P.C.: Heard the learned counsel appearing for the parties. Both the First Appeals arise out of the motor accident claim petition No.628 of 2000 filed by the first respondent. There were two 2 caf3633-2714-09 vehicles involved in the accident. One was an Auto-rickshaw and the other was a Truck. The Auto-rickshaw was insured with the appellant in First Appeal No.1900 of 2010 and the Truck was insured with the appellant in First Appeal No.1899 of 2010. The Tribunal recorded a finding that there was negligence on the part of the drivers of both the Truck as well as the Auto- rickshaw. The Tribunal granted total compensation of Rs.18,35,000/- with interest thereon at the rate of 7% per annum. 60% of the compensation amount was made payable by the owner and insurer of the Auto-rickshaw and 40% of the compensation was made payable by the owner and the insurer of the Truck. 2. The Appeal preferred by the insurer of the Truck is both on the quantum and issue of negligence. The contention of the said appellant is that it is only the driver of the Auto-rickshaw who was negligent and who is responsible for causing accident. As far as the First Appeal preferred by the insurer of the Auto- rickshaw is concerned, the challenge is again on both the issues. It is contended that the liability of the owner and the insurer of the Truck ought to have been fixed at least to the extent of 75%. 3. In both the appeals, it is stated that the applicant/appellant has deposited the compensation payable of 3 caf3633-2714-09 their share with the Tribunal. As far as the liability is concerned, even if the Appeals are decided either way, either both the insurance companies will be liable or one of the two will be liable. There is a challenge to the quantum of compensation in both the Appeals. The disability of the first respondent has been assessed at 80%. The first respondent was hospitalized for a very long time. He was required to spend large amount on medical expenses and on the costs of the attendant. Therefore, he is entitled to withdraw a substantial amount. 4. Hence, the Applications are disposed of by passing following order: :: O R D E R :: i. There will be stay of execution and operation of the impugned Award till the final disposal of the Appeals. ii. Out of the amount deposited by the applicant (New India Assurance Co. Ltd.) in Civil Application No.3633 of 2009, the first respondent – claimant will be entitled to withdraw a sum of Rs.4,80,000/-. Out of the amount deposited by the said applicant, a sum of Rs.3,50,000/- shall be separately invested 4 caf3633-2714-09 in a Fixed Deposit till the final disposal of the Appeal. The first respondent - claimant shall be entitled to withdraw quarterly interest accrued on the Fixed Deposit amount. The remaining amount deposited by the applicant shall be invested in the Fixed Deposit till the final disposal of the Appeals. iii. Out of the amount deposited by the applicant (United India Insurance Co. Ltd.) in Civil Application No.2714 of 2009, the first respondent – claimant shall be permitted to withdraw a sum of Rs.7,20,000/-. A sum of Rs.4,80,000/- deposited by the said applicant shall be separately invested in a Fixed Deposit. The first respondent - claimant shall be entitled to withdraw quarterly interest accrued on the Fixed Deposit amount. The balance amount deposited by the applicant shall be invested in the Fixed Deposit till the final disposal of the Appeal. iv. The Applications are disposed of on the above terms. v. Civil Application No. 3816 of 2011 does not survive in view of above directions and is disposed of. 5 caf3633-2714-09 vi. Amounts deposited under Section 173 of the said Act together with interest, if any, accrued thereon shall be transferred to the concerned Tribunal. (A.S.OKA, J.)