Tahirbhai Ismailbhai Ansari vs Icici Lombard General Insurance Co. Ltd

Gujarat High Court

Tahirbhai Ismailbhai Ansari vs Icici Lombard General Insurance Co. Ltd on 5 August, 2025

                                                                                                                 NEUTRAL CITATION




                            C/SCA/3381/2025                                        ORDER DATED: 05/08/2025

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                           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                           R/SPECIAL CIVIL APPLICATION NO. 3381 of 2025

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                              TAHIRBHAI ISMAILBHAI ANSARI & ANR.
                                            Versus
                          ICICI LOMBARD GENERAL INSURANCE CO. LTD.
                      ======================================
                      Appearance:
                      MR MOHSIN M HAKIM(5396) for the Petitioner(s) No. 1,2
                      MR NIKUNT K RAVAL(5558) for the Respondent(s) No. 1
                      ======================================

                      CORAM: HONOURABLE MS. JUSTICE NISHA M. THAKORE

                                                      Date : 05/08/2025

                                                       ORAL ORDER

1. Heard Mr. Adnan Khan, learned advocate for Mr. Mohsin M. Hakim, learned advocate for the petitioners.

2. Pursuant to the notice issued by this Court vide order dated 30th June, 2025, Mr. Nikunt K. Raval, learned advocate has entered appearance on behalf of the respondent no.1 - insurance company.

3. The present petition is filed invoking Article 226 read with Article 227 of the Constitution of India praying for appropriate directions against the respondent seeking quashing and setting aside the order dated 24th June, 2024 passed in MAC Misc. Application no.103 of 2024 preferred in Motor Accident Claims Petition no.45 of 2008 by the Motor Accident Claims Tribunal, Bharuch. By the said impugned judgment and award, the Tribunal has issued appropriate Page 1 of 3 Uploaded by AMAR RATHOD(HC01074) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:27:42 IST 2025 NEUTRAL CITATION C/SCA/3381/2025 ORDER DATED: 05/08/2025 undefined directions with regard to the release of 30% of the deposited award amount in favour of the petitioners - original claimants as per their share defined and the remaining 70% of the deposited award amount is directed to be invested in Fixed Deposit with any Nationalized Bank for the period of five years. The interest to be accrued on such fixed deposit is directed to be accumulated in the fixed deposit account. At the end of the aforesaid period, the claimants have been permitted to seek disbursement of the invested amount.

4. Learned advocate for the petitioners has invited my attention to the directions of the Appellate Court while entertaining the first appeal being First Appeal no.2639 of 2012 preferred by the present petitioners. Learned advocate had submitted that in view of specific directions issued by this Court to the Tribunal, the Tribunal was in fact expected to release entire award amount forthwith in favour of the claimants. However, despite the aforesaid specific directions being issued by the Appellate Court, the Tribunal has failed to adhere to the aforesaid directions by releasing only 30% of the award amount. He has therefore urged this Court to quash and set aside the impugned order dated 24 th June, 2024 passed by the Tribunal directing to invest 70% of the deposited amount in Fixed Deposit. Learned advocate had further prayed to issue appropriate directions of release of the award entire award amount in favour of the petitioners - original claimants.

5. Considering the aforesaid submissions of the learned Page 2 of 3 Uploaded by AMAR RATHOD(HC01074) on Wed Aug 06 2025 Downloaded on : Thu Aug 07 00:27:42 IST 2025 NEUTRAL CITATION C/SCA/3381/2025 ORDER DATED: 05/08/2025 undefined advocate for the petitioners in light of the averments made in the petition and the order impugned being placed on record, in absence of any objection being raised by the learned advocate for the respondent - insurance company, considering the specific directions of this Court as reflected in para-15 of the order dated 25th August, 2023 passed in First Appeal no.2639 of 2012, this Court is inclined to accept the prayer sought for in the present writ petition. Even otherwise, it has transpired on record that the accident had taken place way back on 4th December, 2007. The present petitioners are the heirs and legal representatives of the deceased. Hence, the impugned order dated 24th June, 2024 passed by the Tribunal directing investment of 70% of the deposited award amount in Fixed Deposit is hereby quashed and set aside. The petitioners are at liberty to seek release of the remaining 70% of the deposited amount forthwith. The Tribunal is directed to undertake the aforesaid exercise preferably within two weeks from the date of receipt of this order subject to due verification of the original claimants.

6. With these observations, present petition stands allowed.

(NISHA M. THAKORE, J.) AMAR RATHOD...