Bombay High Court

ROYAL SUNDARAM GENERAL INSURANCE COMPANY LTDversusMONIKA LAXAMN KHADE AND OTHERS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SANJAY A DESHMUKH

Holding

The stay of the tribunal's judgment is granted subject to the appellant depositing the full compensation within twelve weeks.

Summary

Royal Sundaram General Insurance Company Ltd appealed a tribunal judgment awarding compensation to Monika Laxman Khade and others. The respondents filed a civil application seeking a stay of the impugned judgment. The court, after hearing both sides, noted the peculiar facts of the case and granted a conditional stay. The stay is contingent upon the appellant depositing the entire compensation amount within twelve weeks from the order. If the deposit is not made, the stay will automatically be vacated. The civil application for stay was consequently disposed of.

Issues considered

Whether a stay of a tribunal's judgment can be granted subject to the deposit of the awarded compensation
Whether the civil application for stay is maintainable under the circumstances

Subjects

insurance
stay of execution
civil application
compensation
tribunal judgment

Judgment

                                                                fa1970.26
                                  -1-


        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   BENCH AT AURANGABAD

                42 FIRST APPEAL NO. 1970 OF 2026
                              WITH
               CIVIL APPLICATION NO. 7810 OF 2026

        Royal Sundaram General Insurance Company Ltd
                              VERSUS
                Monika Laxamn Khade And Others
                                 ...
Advocate for Appellant : Mr. Deshmukh Mohit Rameshrao
Advocate for Respondent Nos. 1 and 2 : Mr. S.S. Dargad
                                 …..

                      CORAM : SANJAY A. DESHMUKH, J.
                      DATED : 27th JULY, 2026

PER COURT :-


1.        In first appeal, issue notice to the respondents returnable
on 19.10.2026.


2.        In so far as civil application No. 7810 of 2026 is concerned,
the same is filed seeking stay to the impugned judgment and award
passed by the Tribunal. Perused the application.        Heard learned
advocate for both sides. Considering the peculiar facts of the case,
stay is granted subject to deposit of entire amount of compensation
within twelve (12) weeks from today. If the amount is not deposited
within the aforesaid period, the stay shall stand vacated automatically
without further reference to the court. In those terms, civil application
for stay is disposed of.



                                    (SANJAY A. DESHMUKH, J.)

rlj/

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