Gujarat High Court
New India Assurance Co Ltd vs Prakashchandra Alias Dipakbhai ... on 9 February, 2021
Bench: N.V.Anjaria, A.S. Supehia
C/FA/6115/2019 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. 6115 of 2019
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PRAKASHCHANDRA ALIAS DIPAKBHAI HARIDAS DEVANI
Versus
ISMAIL KASAMBHAI SIDA
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Appearance:
MR AMAR D MITHANI for the PETITIONER(s) No.
for the RESPONDENT(s) No.
MR ANKIT SHAH for the RESPONDENT(s) No.
MR PALAK H THAKKAR for the RESPONDENT(s) No.
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CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 09/02/2021
IA ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned advocate Mr.Amar Mithani for the
applicants as original claimants and learned advocate Mr.Palak
Thakkar for the respondent No.1 Insurance Company.
2. Motor Accident Claims Tribunal (Main) Junagadh, allowed
Motor Accident Claims Petition No.193 of 2014 and Motor
Accident Claims Petition No.65 of 2015 by common judgment
and award dated 10.6.2019, awarding compensation to the
respective claimants to the tune of Rs.15,67,924/ and
8,00,173/ with interest at the rate of 8% from the date of filing
of the petition till realization.
C/FA/6115/2019 IA ORDER
3. The Insurance Company has preferred First Appeal against
said judgment and award in so far as it concerns Motor Accident
Claims Petition No.193 of 2014 restricting the claim to
Rs.8,40,172/.
4. The present is an application by the claimants of Motor
Accident Claims Petition No.193 of 2014 seeking disbursement
of the amount awarded by the Tribunal. It transpires that while
admitting the appeal and issuing notice in Civil Application for
stay, Coordinate Bench directed the appellant Insurance
Company to deposit the amount of liability fastened on it by
Tribunal. It was stated that the amount has been deposited by
the Insurance Company. The present applicants are the senior
citizens and the parents of the deceased who died in the
vehicular accident.
5. On one hand when the compensation is awarded and on
the other hand appeal would take time before it reaches finality,
the applicants could legitimately pray for release of the part of
the amount to their favor.
6. In the facts of the case, we permit and direct that out of the
total amount deposited by the Insurance Company in Motor
Accident Claims Petition No.193 of 2014, 30% amount shall be
disbursed to applicant No.2 who was the claimant and who was
awarded compensation by the Tribunal.
6.1 While disbursing the amount, the Tribunal shall verify the
identity of the claimant and thereafter amount shall be paid by
issuing Account Payee cheque in the name of the claimant.
C/FA/6115/2019 IA ORDER
6.2 The rest of the 70% amount shall be invested by the
Tribunal concerned in Fixed Deposit with nationalized bank
initially for a period of five years and renewable till further
orders.
6.3 The accumulation of the periodical interest on quarterly
basis shall be paid to the applicant No.2 claimant.
7. The present application is allowed and disposed of in the
aforesaid terms.
(N.V.ANJARIA, J)
(A. S. SUPEHIA, J)
Manshi
