New India Assurance Company Ltd vs Rakshaben Vachanbhai Vasava
2021 Latest Caselaw 4990 Guj

           C/FA/2347/2020                   IA ORDER




         IN THEHIGHCOURTOF GUJARATAT AHMEDABAD


              CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                   In R/FIRSTAPPEALNO. 2347of 2020
                                With
              CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                   In R/FIRSTAPPEALNO. 2348of 2020
                                With
              CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                   In R/FIRSTAPPEALNO. 2349of 2020
                                With
              CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                   In R/FIRSTAPPEALNO. 2353of 2020
                                With
              CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                   In R/FIRSTAPPEALNO. 2351of 2020
                                With
              CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                   In R/FIRSTAPPEALNO. 2350of 2020
                                With
              CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                   In R/FIRSTAPPEALNO. 2352of 2020
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NEWINDIAASSURANCECOMPANYLTD Versus MANHARBHAIDALSUKHBHAIVASAVA ========================================================== Appearance:

for the PETITIONER(s)No.

MRMAULIKJ SHELATfor the PETITIONER(s)No. RULESERVEDfor the RESPONDENT(s)No. RULEUNSERVEDfor the RESPONDENT(s)No. UNSERVEDEXPIRED(R) for the RESPONDENT(s)No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

C/FA/2347/2020 IA ORDER

Date : 01/04/2021

IA ORDER

CIVILAPPLICATION(FORSTAY) NO. 1 of 2020 In R/FIRSTAPPEALNO. 2347of 2020 Heard learned Advocate Shri Maulik J. Shelat for the applicant­appellant.

2. Vide order dated 2.12.2020, this Court (Coram :Mr.Bhargav Karia,J.), while admitting the First Appeal had directed the grant of interim relief interms of staying the impugned judgment and award on a condition that the applicant shall deposit the entire awarded amount along with cost and interest before the Tribunal by the returnable date.

3. Learned Advocate Shri Shelat, submits that the said amount has been deposited. Though served none appears on behalf of the defendants no. 1 to 6.

4. Considering the same, the deposited amount shall be deposited amount shall be invested in a cumulative fixed deposit in any Nationalised Bank initially a period of 3 years to be renewed from time to time periodically, till the final disposal of the appeal. The original FDRs shall be retained by the Nazir Branch of the concerned Court.

5. In view of the above directions and observations the impugned judgment and award passed by Motor Accident Claims Tribunal (Aux), 24.10.2019, Ankleshawar in MACP No. 1819 of 2013 shall remain stayed till final disposal of the First Appeal.

C/FA/2347/2020 IA ORDER

6. It will be open for the original claimants to file appropriate application for disbursement.

7. With the above observations and directions, Civil Application is disposed of.

Civil Application for stay in First Appeals 2348, 2349, 2350, 2351, 2352, 2353 of 2020

Heard learned Advocate Shri Maulik Shelat for the applicant­ appellant.

2. Learned Advocate Shri Nishit Balodi appears on behalf of the original claimants. Originally, while admitting the First Appeal, ths Court had stayed the impugned judgment and award on condition that the applicant­Insurance Company deposited the entire awarded amount with interest and cost before the learned Tribunal by the next date.

3. Learned Advocate Shri Shelat submits that this order has been complied with and whereas the entire amount has been deposited.

4. Learned Advocate Shri Bhalodi, in view of the deposited amount request this Court to pass appropriate order for disbursement/investment.

5. Considering the same the learned Tribunal shall disburse 30 % of the awarded amount in favour of the original claimants after due and proper verification. In so far as 70% of the awarded amount shall be invested in the cumulative Fixed Deposit in any

C/FA/2347/2020 IA ORDER

Nationalised Bank initially for a period of 3 years from time to time till final disposal of the First Appeal. The original FDRs shall be retained by the Nazir Branch of the concerned Tribunal.

6. In view of the above observations/directions, the impugned judgment and award passed by Motor Accident Claims Tribunal (Aux), 2nd Additional District Court, Ankleshwar in MACP No. 1817 of 2013, 1809 of 2013, 1808 of 2013, 1814 of 2013, 1818 of 2013, 1816 of 2013 shall remain stayed till final disposal of the First Appeal.

7. In view of the above observations/directions hereinabove this present application stands disposed of as allowed.

(NIKHILS. KARIEL,J) MARYVADAKKAN