National Insurance Company ... vs Vallabhbhai Devarajbhai Alias ...
2021 Latest Caselaw 5100 Guj

              C/FA/2216/2020                             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. 2216 of 2020
============================================

VALLABHBHAI DEVARAJBHAI ALIAS BACHUBHAI BHIKADIYA Versus GOPALBHAI BATUKBHAI MORI ============================================ Appearance:

NISHIT A BHALODI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR MAULIK J SHELAT for the RESPONDENT(s) No. MR P B KHANDHERIA for the RESPONDENT(s) No. ============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 06/04/2021

IA ORDER

1. Heard learned Advocate Shri Nishit A. Bhalod for the applicant, learned Advocate Shri Maulik J. Shelat for respondent No.5 Insurance Company and learned Advocate Shri P.B. Khandheria for respondent No.3.

2. Vide order dated 06.11.2020, this Court (Coram: G.R. Udhwani, J.), while admitting the First Appeal, had stayed the impugned judgment and award on condition that the entire liability fastened upon the respondent No.5 Insurance Company along with proportionate interest and cost shall be deposited by respondent No.5 with the learned Tribunal by next returnable date. Further, vide order dated 22.02.2021, this Court (Coram: Vaibhavi D. Nanavati, J.) had noted that the entire awarded amount as determined by the learned Tribunal, had been deposited and whereas this Court also kept open the right of the claimant to file appropriate application

C/FA/2216/2020 IA ORDER

for disbursement of the amount.

3. Learned Advocate Shri Bhalodi for the applicant submits that in view of the amount having been deposited, this Court may pass an appropriate order for disbursement.

4. Considering the same, learned Tribunal shall disburse 30% of the entire awarded amount also in favour of applicant - original claimant by A/c. Payee Cheque after due and proper verification. In so far 70% remaining entire awarded amount, the same shall be deposited in Fixed Deposit Receipt in any Nationalized Bank, initially for a period of 3 years and thereafter, the same shall be renewed from time to time till final disposal of the First Appeal and the applicant shall be entitled for periodical interest therefrom. Original Fixed Deposit Receipt shall be retained by Nazir of the concerned Tribunal.

5. With this direction and observations, Civil Application stands disposed of as allowed.

(NIKHIL S. KARIEL,J) Y.N. VYAS