IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] 511 OF 2010 IN FIRST APPEAL STAMP NO.2738/2010 ORIENTAL INSURANCE COMPANY LIMITED ..VS.. SMT. PUSHPA ANKUSH BUCHE & ORS - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Quazi, advocate for applicant Shri Jawade, advocate for respondent no.2 to 5 CORAM : SMT. VASANTI A. NAIK, J. DATE : May 06, 2010 . PURSIS : 4452/2010 Since the respondent no.1 is dead and the other legal heirs of deceased – respondent are already on record, the applicant is permitted to delete the name of respondent no.1 from the array of respondents. Necessary amendment may be carried out forthwith. JUDGE CIVIL APPLICATION [CAF]511/2010 Heard the learned counsel for the applicant and the learned counsel for the respondent no.2 to 5. The learned counsel for the respondent no.2 to 5 strongly opposes the prayer made in this civil application. However, for the reasons stated in the civil application, the delay of 71 days in filing the appeal is condoned. Civil application is allowed and disposed of. JUDGE CIVIL APPICATION [CAF] NO.512/2010 Heard the learned counsel for the parties. Perused the judgment passed by the Tribunal on 1.9.2009. The appellant has deposited an amount of Rs.25,000/- in this court towards monetary deposit. The judgment and award passed by the Tribunal on 1.9.2009 is stayed on the condition that the appellant deposits the balance amount of Rs.25,000/- in this court within a period of 6 weeks from today. The respondents no.4 & 5 are permitted to withdraw the sum of Rs.7500/- each on furnishing the surety / security to the satisfaction of the Registrar. If the remaining amount of Rs.25,000/- is deposited by the appellant in this court within a period of 6 weeks, the same may be placed in a fixed deposit in a nationalized bank initially for a period of 3 years and the same may be renewed from time to time thereafter, during the pendency of the first appeal. The award passed by the Tribunal on 1.9.2009 is stayed on the aforesaid conditions. Civil application is allowed and disposed of. JUDGE FIRST APPEAL STAMP NO.2739/2010 Heard the learned counsel for the appellant. Admit. Call R & P. The learned counsel Shri Jawade, waives notice of final hearing on behalf of respondent no.2 to 5. The admission of the appeal and the grant of stay by this court would not mean that the proceedings pending before the Motor Accident Claims Tribunal are stayed. The Motor Accident Claims Tribunal may proceed with the case in its normal course. JUDGE smp