The New India Assurance Co Ltd vs Rekhaben Navganbhai Desai
2021 Latest Caselaw 4995 Guj

        C/FA/4737/2019                                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. 4737 of 2019
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REKHABEN NAVGANBHAI DESAI Versus THE NEW INDIA ASSURANCE CO LTD ========================================================== Appearance:

MR PARESH M DARJI for the PETITIONER(s) No. MR SUNIL B PARIKH for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 01/04/2021

IA ORDER

1. Heard learned advocate Mr. Paresh M. Darji on behalf of applicant - original claimant and learned advocate Mr. Sunil B. Parikh on behalf of respondent No.1 - Insurance Company.

2. This Court (Coram: G. R. Udhwani, J) while amitting the First Appeal, vide order dated 04.10.2019 granted ad-interim stay against the execution and implementation of the judgment and award of the Tribunal on the condition that the applicant shall deposit the awarded amount along with cost and interest. Further more, vide order dated 20.01.2020, this Court (Coram; N. V. Anjaria, J.) has noted the submissions of the learned advocate for the insurance company that the entire amount is deposited with the tribunal, confirmed the stay and disposed of the Civil Application, with liberty to the claimants to file appropriate application for disbursement of the amount, which is done by way of filing this Civil Application.

C/FA/4737/2019 IA ORDER

3. Considering the same, 30% of the amount of compensation deposited by the applicant shall be disburesed in favour of the applicants herein - original claimants after due verification and in ratio of aportionment as directed by the tribunal and so far as remaining 70% 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.

4. With the aforesaid observations and directions, present Civil Application stands disposed of as allowed. Direct service is permitted.

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