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Judgment
Vinit Kumar Mathur, J
S.B. Civil Misc. Appeal No. 1392/2020
The case comes up on an application preferred by the appellant for early listing. The same is not opposed by the learned counsel for the respondents.
For the reasons mentioned in the application, the same is allowed and the matter is taken up today itself.
Another application preferred by the appellant under Order 41 Rule 27 of C.P.C. for taking certain documents on record shall be considered at the time of final disposal of the appeal.
Heard learned counsel for the appellant as well as claimants-respondents on the stay application.
Learned counsel for the appellant submits that the claimants have already received an amount of Rs. 15,00,000/- from the Oriental Insurance Company, therefore, that amount should be reduced from the award impugned, as the claimants cannot be granted double benefits on account of the accident in the present case. The factum of receiving Rs. 15,00,000/- from the Oriental Insurance Company on account of the policy is not disputed by the counsel for the respondents.
The appeal of the Insurance Company has already been admitted by this Court vide order dated 25.08.2020.
In the circumstances, the effect and operation of the award dated 18.03.2020 is stayed subject to the condition that the appellant shall deposit an amount of Rs. 70,00,000/- (Rupees Seventy Lakhs) before the Tribunal within a period of four weeks from today. The amount so deposited by the Insurance Company shall be disbursed to the claimants in accordance with law.
Stay application is disposed of.
S.B. Civil Misc. Appeal No. 1596/2020
Defects pointed out by the office are overruled.
Admit.
List the matter along with S.B. Civil Misc. Appeal No. 1392/2020.