Disposed

United India Insurance Co. Ltd. v. Smt. Salma Khatoon Washi Ahemad Khan and Ors.

Bombay HC11 Aug 2023CAF/2071/2017

Case brief

AI extract

What is this about?

Application for stay on execution of Motor Accident Tribunal award allowed continuation of earlier stay until appeal disposal. Interim application for withdrawal of deposited compensation listed for hearing after filing of reply.

What did the court decide?

Stay on execution of the impugned judgment and award dated 9th September 2016 to be continued till final disposal of the Appeal.

United India Insurance Co. Ltd. Vs Smt. Salma Khatoon… — Banking and Recovery | Bombay HC (2023)

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5-FA-1480-2019.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.2071 OF 2017

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FIRST APPEAL NO.1480 OF 2019 WITH FIRST APPEAL NO.1480 OF 2019

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UNITED INDIA INSURANCE CO. LTD.

)...APPLICANT

V/s.

)

SMT. SALMA KHATOON WASHI AHEMAD ) KHAN AND OTHERS )...RESPONDENTS

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WITH

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INTERIM APPLICATION NO.14275 OF 2023 IN

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FIRST APPEAL NO.1480 OF 2019

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Ms.Varsha Chavan, Advocate for the Applicant/Appellant.

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Mr.Husain A. Hasim, Advocate for the Respondents 1 to 5 and for the Applicant in IA/14275/2023.

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CORAM : ABHAY AHUJA, J. DATE : 11^th AUGUST 2023

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P.C. :

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This is an application seeking stay to the execution of the impugned judgment and award dated 9^th September 2016 passed by

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Motor Accident Claims Tribunal, Mumbai, in Motor Accident Claim

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Petition no.2466 of 2010.

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5-FA-1480-2019.doc

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Learned Counsel for the Applicant would point out that the entire decretal amount has already been deposited and stay was granted earlier, which was also extended. Mr.Hasim, learned Counsel for the Respondents, confirms that the entire decretal amount has been deposited.

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Having heard the learned Counsel and having perused the application and the record, let the stay granted earlier be continued till the final disposal of the Appeal.

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The application, accordingly, stands disposed.

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INTERIM APPLICATION NO.14275 OF 2023

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Not on board. Taken on board.

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This is an application seeking withdrawal of 50% of the amount deposited in the Court on the grounds mentioned therein. However, Ms.Varsha Chavan, learned Counsel for the Insurance Company, opposes the request stating that already some amount has been withdrawn by the claimants from the Employees State Insurance Corporation (ESIC) and under Section 53 of the said Employees State Insurance Corporation Act, there is a bar against receiving or

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5-FA-1480-2019.doc

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recovering compensation or damages under any other law, and therefore, no amount can be allowed to be withdrawn. Learned Counsel would submit that let the First Appeal be heard instead. Learned Counsel for the Applicants submits that some time be granted to file reply.

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Let reply be filed within a period of two weeks. Rejoinder, if any, within a period of one week thereafter. List on 7^th September 2023 .

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(ABHAY AHUJA, J.)

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United India Insurance Co. Ltd. v. Smt. Salma Khatoon Washi Ahemad Khan and Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Smt. Salma Khatoon Washi Ahemad Khan and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

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