Future General India Insurance Co ... vs Madhuben Chandulal Shah
2021 Latest Caselaw 2093 Guj

       C/FA/2370/2020                              IA ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 2370 of 2020
                             With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 2372 of 2020
                             With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 2373 of 2020
                             With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 2375 of 2020
                             With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 2376 of 2020
                             With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 2377 of 2020
                             With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 2380 of 2020
==========================================================

FUTURE GENERAL INDIA INSURANCE CO LTD Versus MADHUBEN CHANDULAL SHAH ========================================================== Appearance:

for the PETITIONER(s) No. MS KIRTI S PATHAK for the PETITIONER(s) No. G K VAGHANI for the RESPONDENT(s) No. M B SHAH for the RESPONDENT(s) No. MR VIBHUTI NANAVATI for the RESPONDENT(s) No. MR. YOGENDRA THAKORE for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ==========================================================

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

Date : 11/02/2021

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

Heard Ms. Kirti Pathak, learned advocate for the

C/FA/2370/2020 IA ORDER

applicant, Mr. Yogendra Thakore, learned advocate for opponents­Orig. Claimants, Mr. Vibhuti Nanavati, learned advocate for opponent insurance company and Mr. G.K. Vaghani, learned advocate for driver and owner driver of the vehicle.

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 70% of the amount in a cumulative 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 30% of the amount shall be given to the claimants upon proper verification. The original FDRs to be 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