Iffco Tokio General Insurance ... vs Ismail Dhula Agaria
2021 Latest Caselaw 1622 Guj

        C/FA/2161/2020                                   IA ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 2161 of 2020
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IFFCO TOKIO GENERAL INSURANCE CO.LTD.

Versus ISMAIL DHULA AGARIA ========================================================== Appearance:

for the PETITIONER(s) No. MR RATHIN P RAVAL for the PETITIONER(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA and HONOURABLE MR. JUSTICE R.P.DHOLARIA

Date : 03/02/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

Heard the learned advocates appearing for the respective parties.

The main appeal filed under Section 173 of the Motor Vehicles Act, 1988 has been admitted. In facts of this case, the impugned judgment and award is stayed till final disposal of the appeal. The Trial Court shall invest 80% of the amount in a Fixed Deposit Receipts in a nationalized Bank initially for a period of 3 years and renewable from time to time for similar period till final disposal of the appeal and 20% of the amount shall be given to the claimants upon proper verification. The claimants shall also be entitled to periodical interest that may accrue on the Fixed Deposit Receipts. The original FDRs to be

C/FA/2161/2020 IA ORDER

retained by the Tribunal.

Accordingly, the application is disposed of. Rule is made absolute.

(R.M.CHHAYA, J)

(R.P.DHOLARIA, J) BIJOY B. PILLAI