Gujarat High Court
Icici Lombard General Insurance ... vs Babubhai Havsingbhai Meda on 2 August, 2021
Bench: N.V.Anjaria
C/FA/905/2021 IA ORDER DATED: 02/08/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/FIRST APPEAL NO. 905 of 2021
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 1 of 2021
In R/FIRST APPEAL NO. 905 of 2021
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ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
Versus
BABUBHAI HAVSINGBHAI MEDA
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Appearance:
for the PETITIONER(s) No.
MR CHIRAYU A MEHTA for the PETITIONER(s) No.
NISHIT A BHALODI for the RESPONDENT(s) No.
RULE NOT RECD BACK for the RESPONDENT(s) No.
RULE SERVED for the RESPONDENT(s) No.
UNSERVED EXPIRED (R) for the RESPONDENT(s) No.
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 02/08/2021
IA ORDER
Order in Civil Application No.1 of 2020 (for Stay)
Learned advocate Mr. Chirayu Mehta for the applicant insurance
company for the purpose of this civil application would opt to drop from
the array of the respondents, the respondent Nos. 8 and 9 who are the
driver and owner respectively. Respondent No.7 who is died, is one of
the original claimants. Rest of the claimants are served and are
represented by learned advocate Mr. Nishi Bhalodi.
Learned advocate for the insurance company stated that the amount
awarded by the Claims Tribunal has been deposited in compliance of
order of stay dated 26.2.2021 passed by the court.
C/FA/905/2021 IA ORDER DATED: 02/08/2021
In that view, the stay granted as per order dated 26.2.2021 is
confirmed on the same terms. The civil application stands allowed. Rule
is made absolute.
Order in Civil Application No. 1 of 2021 (for Disbursement)
Heard learned advocates for the respective parties.
2. In this application, the claimants have prayed for disbursement of
the amount of compensation deposited by the insurance company.
3. While granting the stay of the impugned judgment and award of
the Motor Accident Claims Tribunal, this court put a condition of
depositing the awarded amount. Accordingly, the respondent insurance
company has deposited the amount with cost and interest with the
Tribunal concerned, it was stated before the court.
4. On one hand the amount of compensation awarded by the Claims
Tribunal is deposited by the insurance company, and on the other hand,
the appeal of the insurance company is pending and would take time
before it is finally decided. In that view, if part of the deposited amount is
disbursed in favour of the claimants in the interregnum to their benefit,
the same shall serve the ends of justice. Therefore, the following
directions are issued,
(i) Out of the total deposited amount by the appellant insurance
company, the Tribunal shall disburse 30% of the amount in favour
of the claimants in equal proportion after verifying their identity,
following necessary procedure and by issuing account payee
cheque in their respective names.
C/FA/905/2021 IA ORDER DATED: 02/08/2021
(ii) The remainder 70% amount shall be deposited with the
nationalised bank in a fixed deposit of non-cumulative nature.
(iii) The Fixed Deposit shall be created initially for a period of
one year and renewable subject to further orders.
(iv) The claimants shall be entitled to earn periodical interest
which may accrue on the invested amount.
(v) The Fixed Deposit receipts shall remain in the custody of the
Nazir of the Claims Tribunal and the same shall not be permitted to
be utilised to raise any loan or finance or for any other such
purpose without permission of the court.
5. The present application stands allowed and disposed of in the
aforesaid terms.
(N.V.ANJARIA, J)
C.M. JOSHI
