The New India Assurance Co Ltd vs Mukeshbhai Maganbhai Shiyal
2021 Latest Caselaw 2104 Guj

        C/FA/5495/2019                               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. 5495 of 2019
                               With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 5494 of 2019
                               With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 5496 of 2019
==========================================================

MUKESHBHAI MAGANBHAI SHIYAL Versus GAUSHKHAN ASLAMKHAN PATHAN ========================================================== Appearance:

MR.HIREN M MODI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR TANMAY B KARIA for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 11/02/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

All the captioned Civil Applications filed in the respective First Appeals are for disbursement of the amount of the compensation awarded by the Motor Accident Claims Tribunal. The First Appeal arises from common judgment and award dated 8.3.2019 passed by Motor Accident Claims Tribunal (Auxiliary), Bhavnagar at Mahuva in Motor Accident Claims Petition Nos.72 of 2018 to 74 of 2018.

C/FA/5495/2019 IA ORDER

2. Heard learned advocate Mr.Hiren Modi for the applicants­ claimants in all the Civil Applications and learned advocate Mr.Tanmay Karia for the respondent­ Insurance Company.

3. It was stated by learned advocates appearing for the parties that pursuant to the order of stay, in compliance of the condition, the Insurance Company has deposited the entire awarded amount in case of each MACP in each of the First Appeals. Since the amount is deposited, claimants legitimately prayed for disbursement of the amount since compensation is awarded to them, more particularly when the final disposal of the appeal would take time. It was stated that the challenge to the judgment and award of the Claims Tribunal is based on the ground of quantum of the amount awarded.

4. In the facts of the case, following directions, which will govern in each of the three Civil Applications, would sub­serve the ends of justice.

(i) The Tribunal shall disburse 30% of the amount in favour of the claimants of each petition by paying such amount to the applicant/s in equal proportion after verifying identity of each of the claimants and shall follow the procedure as may be required.

(ii) Disbursement of the amount in favour of each of the claimants shall be done by issuing Account Payee cheque in the name of the claimants.

(iii) The remaining 70% of the amount in each case shall be invested by the Tribunal in a non­cumulative fixed deposit with

C/FA/5495/2019 IA ORDER

any nationalised bank initially for a period of three years and renewable until final disposal of the appeal.

(iv) The claimants shall be entitled to receive periodical interest on the invested amount in equal proportion.

(v) The claimants shall not be entitled to raise any loan or financial assistance on the basis of the invested amount in the fixed deposit.

(vi) The fixed deposit receipt in each case shall remain in the custody of Nazir of the Tribunal.

5. All the Civil Applications are allowed and disposed of in the aforesaid terms.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi