1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1735 OF 2011 AGAINST JUDGMENT AND AWARD DTD. 4/12/2010 PASSED BY THE LEARNED EX-OFFICIO MEMBER, MACT, RAIGAD (The Oriental Insurance Co. Ltd. vs. Smt. Ujwala @ Sumetra/Sunita Vijay Patil & Ors. ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. J.S. Chandanani, for appellant. Mr. S.M. Mangaonkar for respondent nos. 1 to 4. Coram : A.S. OKA, J. Date : 20th September 2011 PC :- 1. Admit. Advocate for respondent nos. 1 to 4 waives service. Printing is dispensed with. 2. Requisite number of copies of private paper books including the copies for the respondent/s shall be filed by the Appellant/s within a period of one year from today. If compliance is not made within stipulated time, the Appeal shall stand dismissed for want of prosecution without further reference to the Court. (Judge) 2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3356 OF 2011 IN FIRST APPEAL (ST.) NO.19774 OF 2011 The Oriental Insurance Co. Ltd. .... Applicant Vs. Smt. Ujwala @ Sumetra/ .... Respondents Sunita Vijay Patil & Ors. Mr. J.S. Chandanani, for appellant. Mr. S.M. Mangaonkar for respondent nos. 1 to 4. Coram : A.S. OKA, J. Date : 20th September, 2011 P.C. 1. Heard learned counsel appearing for the applicant and learned counsel appearing for the 1st to 4th respondents. 2. The finding of the learned Member of the Tribunal is that liability of the insured of the appellant is only to the extent of 60%. Hence, as a condition for grant of stay, the applicant will have to deposit 60% of the entire compensation amount payable under the impugned judgment and award. There is a challenge to the quantum of multiplicand in the Appeal. However, a 3 reasonable amount will have to be permitted to be withdrawn by the claimants. Hence, I pass following order: O R D E R 1. There will be interim relief in terms of prayer clause (a) subject to condition of the applicant depositing with the Tribunal an amount equivalent to 60% of the total compensation payable under the impugned judgment and award, within 10 weeks from today. 2. As and when the amount is deposited, the Tribunal will permit the 1st claimant to withdraw a sum of Rs.5,00,000/-. 3. Learned counsel appearing for 1st to 4th respondents states that the 2nd to 4th respondents have attained majority. The concerned respondents will have to produce documents in support of the said contention. 4. Hence liberty is granted to 2nd to 4th respondents to file separate application for seeking permission to withdraw the compensation amount. 5. Application is disposed of on above terms. (A.S. Oka, J)