Disposed

Zilla Parishad Parbhani Thru Chief Executive Officer and Anr. v. Parvez Kabiruddin Bandeali and Ors.

Bombay HC2 Apr 2012CA/2302/2012

Case brief

AI extract

What is this about?

Application to stay execution of Motor Accident Tribunal award of Rs. 20 Lakhs was allowed. Stay granted conditional on deposit or furnishing security within eight weeks. Awards investment renewed 37 months pending realisation.

What did the court decide?

Stay of execution granted conditional on deposit/security within 8 weeks.

What the court decided

Zilla Parishad Parbhani Thru Chief Executive Officer… — Motor Accident Claims | Bombay HC (2012)

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FARAD CONTINUATION SHEET No.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD

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CIVIL APPLICATION NO.2302 OF 2012 IN FIRST APPEAL NO.312 OF 2012

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(Zilla Parishad, Parbhani & anr. Vs. Parvez s/o Kabiruddin Bandeali & ors.)

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Office Notes,Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders

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Mrs. Preeti V. Diggikar, Advocate for applicants Shri A.P. Bhakkad, Advocate for respondent No.1.

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CORAM : U.D. SALVI, J.

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DATED : 2nd April, 2012.

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Heard. Perused.

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An amount of Rs.20 Lakhs and odd towards compensation has been awarded by the learned Tribunal. It is submitted that the deceased, the victim of the accident was in employment of the appellants and on his demise, his family has received an amount of Rs. 9,50,000/- as and by way of retirement benefits. However, it is revealed that the repsondent No.5, mother of the deceased, was given a family pension of Rs.13,000/-, and she expired after passing of the award. Para 20 of the impugned judgment and order further reveals that repsondent No.3 is in U.S.A. with her husband

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and there is no possibility of she returning back to India at least for three years. Considering these facts and circumstances, the execution of the judgment and order dated 22/11/2011, passed by the learned Member, Motor Accident Claims Tribunal, Nanded in Motor Accident Claim Petition No.475/2005 is stayed till further orders subject to the applicants depositing the awarded amount before the learned Tribunal or furnishing security to the satisfaction of the learned Tribunal within eight weeks. The learned Tribunal shall be free to invest the amount deposited with any nationalised Bank initially for a period of 37 months and shall keep the said investment renewed from time to time until further orders. Civil Application No.2302/2012 stands disposed off accordingly.

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fmp/fa312.12

Zilla Parishad Parbhani Thru Chief Executive Officer and Anr. v. Parvez Kabiruddin Bandeali and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

Zilla Parishad Parbhani Thru Chief Executive Officer and Anr. v. Parvez Kabiruddin Bandeali and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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