Hdfc Ergo Insurance Co. Ltd. vs Niravbhai Ravjibhai Makwana ...
2021 Latest Caselaw 2014 Guj

         C/FA/1776/2020                                     ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/FIRST APPEAL NO. 1776 of 2020

                           With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 1776 of 2020
                           With
 CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF
                   AMOUNT) NO. 1 of 2021
             In R/FIRST APPEAL NO. 1776 of 2020
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                  HDFC ERGO INSURANCE CO. LTD.
                              Versus
              NIRAVBHAI RAVJIBHAI MAKWANA (RAJPUT)
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MAITRI P PATEL(8126) for the Defendant(s) No. 1,2
NOTICE SERVED(4) for the Defendant(s) No. 3,5
UNSERVED EXPIRED (N)(9) for the Defendant(s) No. 4
==========================================================

 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 10/02/2021

                           ORAL ORDER

Registry is directed to list the First Appeal on 03.05.2021.

Order in Civil Application No.1 of 2020:-

Learned advocate Mr. Rathin Raval for the applicant states that the entire amount as determined is deposited before the Tribunal and the same is disbursed in favour of the claimants by the Tribunal. Mr.Raval states that presence of owner is not required. Accordingly, the stay is confirmed and civil application for stay is disposed of.

Order in Civil Application No.1 of 2021:-

1. Heard learned advocate Mr.Maitri Patel for the applicant and

C/FA/1776/2020 ORDER

learned advocate Mr.Rathin Raval for respondent - insurance company.

2. By way of this application, the applicant has prayed for disbursement of the amount which is deposited by the respondent- Insurance company with the Tribunal.

3. Considering the same, the impugned judgment and award is hereby stayed till final disposal of the appeal. The tribunal shall disburse 30% of the awarded amount amongst the claimants after due verification and invest the remaining 70% of the amount in FDR with any Nationalized Bank initially for a period of three years and the same shall be renewed from time to time and shall not be encashed till final disposal of the appeal. The claimants shall be entitled to the periodical interest accrued on the said FDRs only in the bank account. The original FDR be retained by the Nazir Department of the concerned Tribunal.

4. With the above observation and directions, the application is disposed of.

(VAIBHAVI D. NANAVATI,J) VARSHA DESAI