Reliance General Ins Co Ltd vs Remankhan Umarkha Belim
2021 Latest Caselaw 4986 Guj

        C/FA/465/2020                                      IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 465 of 2020
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REMANKHAN UMARKHA BELIM Versus ABDULBHAI ISMAILBHAI SHEIKH ========================================================== Appearance:

NISHIT A BHALODI for the PETITIONER(s) No. MR MAULIK J SHELAT for the RESPONDENT(s) No. MR SACHIN D VASAVADA for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 01/04/2021

IA ORDER

1. Heard learned advocate Mr. Nishit A. Bhalodi on behalf of applicant, learned advocate Mr. Sachin D. Vasavada on behalf of respondent Nos. 1 and 2 and learned advocate Mr. Maulik J. Shelat for respondent No.3.

2. By way of this application, applicant prays for disbursement of the amount, which is granted by the learned tribunal by the judgment and award impugned in the First Appeal.

3. Learned advocate Mr. Bhalodi draws attention of this Court to the order dated 05.02.2020 of this Court (Coram: N. V. Anjaria, J), whereby this Court while amitting the First Appeal, has directed to deposit the entire awarded amount with interest and costs before returnable date. Learned advocate Mr. Bhalodi also submits that the entire amount has been deposited by the insurance company.

C/FA/465/2020 IA ORDER

4. Learned advocate Mr. Shelat for the respondent - Insurance Company is relying upon an order dated 01.02.2021 pased by this Court (Coram; Vaibhavi D. Nanavati, J.), whereby this Court has disbursed 20% of the awarded amount to the claimant and directed the investment of 80% of the amount in a cumulative fixed deposit. Learned advocate Mr. Shelat submits that said order has been passed in cognet appeal, this Court may pass the order on similar line.

5. Learned advocate Mr. Vasavda appearing for respondent Nos. 1 and 2 has storngly opposed this application.

6. Considering the submissions made by the learned advocates for the respective parties, learned tribunal is directed to disburse 20% of the amount of compensation deposited by the Insruance Company in favour of the applicant herein - original claimant after due verification and so far as remaining 80% of the amount shall be invested in cumulative fix deposit with any Nationalized Bank initially for a period of three years and thereafter to be renewed from time to time till final disposal of the First Appeal. The Fixed Deposit receipts shall be kept with the Nazir of the Tribunal.

7. With the aforesaid observations and directions, present Civil Application stands disposed of as allowed.

(NIKHIL S. KARIEL,J) DRASHTI K. SHUKLA