1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 1801 OF 2009 IN FIRSTAPPEAL ST. NO. 1992 OF 2009 Executive Engineer, M.S.E. Distribution Co. Ltd. and others .. .. Applicants Versus Shoba Satish Aute and others .. .. Respondents Shri S. M. Godsay, Advocate for the Applicants. Shri Sachin Deshmukh, Advocate for the Respondents No. 1 to 4. CORAM : N. D. DESHPANDE, J. DATE : 20TH JULY, 2009. ORAL ORDER : 1. Heard Shri Godsay advocate for the applicants. The appeal impugns judgment and decree passed in Special Civil Suit No. 04/2008 decided on 23.09.2008 for payment of compensation to the petitioner of Rs. 3,00,000/- along with 9% interest. This is a compensation on account of death due to negligence and in an accident of electrocution. The main submissions were mostly made on the point of quantum being unreasonable and excessive and also of denial of liability, because it was 2 a stormy night and there was no negligence on the part of the appellant defendant. Since the claim of claimant is decreed on merits by the Trial Court and there is no whisper, even by way of alternative pleading on the point of quantum made in the suit and there is only denials. Since, now plaintiffs claim is decided on merits. The claimants are the legal heirs of the deceased, who died in the said accident, no execution can be stayed unless amount of Rs. 3,00,000/- is deposited within two months from today, with liberty to the decree holders/claimants to receive the same, since it is deposited in this Court on an undertaking. Civil application is accordingly partly allowed and disposed of. [ N. D. DESHPANDE, J.] bsb/July 09