-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.3278 OF 2006 APPLICATION NO.3278 OF 2006 APPLICATION NO.3278 OF 2006 IN IN IN FIRST FIRST FIRST APPEAL NO.1781 OF 2006 APPEAL NO.1781 OF 2006 APPEAL NO.1781 OF 2006 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: AUGUST 2, 2006. AUGUST 2, 2006. AUGUST 2, 2006. P.C.: P.C.: P.C.: 1. Rule. Respondent No.1 waives service. Service of notice to other Respondent is dispensed with. Taken up for hearing forthwith. The learned Advocate for the Respondent No.1 has brought to my notice the statements in the written submissions made by the Applicant-Insurance Company before the Tribunal. He has invited my attention to the various findings recorded by the Tribunal. Considering the facts and circumstances of the case, Civil Application is disposed of by passing the following order : i) Execution and operation of the impugned Judgment and Award will remain stayed subject to the condition of the Applicant depositing the entire amount due and payable under the Award with the concerned -2- Tribunal within a period of six weeks from today. ii) If the amount is not deposited within stipulated period, interim relief granted will stand vacated without reference to the court. iii) If the amount is deposited, the Tribunal will permit the first Respondent-Claimant to withdraw a sum of Rs.1,50,000/- without security. The withdrawal of the said amount by the claimant will be subject to final outcome of the Appeal. iv) The Tribunal will invest the balance amount in a fixed deposit in any nationalised bank initially for a period of three years and thereafter the fixed deposit shall be renewed on yearly basis till the final disposal of the Appeal. v) The Tribunal will permit the first Respondent to withdraw the interest accrued on the fixed deposit. The withdrawal of the interest by the claimant will be subject to final outcome of the Appeal. -3- . There will be no order as to costs. Judge. Judge. Judge.