The United India Insurance ... vs Rameshbhai Ishwarbhai Darji
2021 Latest Caselaw 2423 Guj

          C/FA/593/2021                                      ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 593 of 2021
                                 With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                   In R/FIRST APPEAL NO. 593 of 2021
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            THE UNITED INDIA INSURANCE COMPANY LTD
                               Versus
                 RAMESHBHAI ISHWARBHAI DARJI
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                            Date : 16/02/2021

                             ORAL ORDER

Order in First Appeal Heard Mr. Maulik J. Shelat, learned advocate for the appellant.

Learned advocate for the appellant has stated that the learned Tribunal has applied the amended provisions of 2nd Schedule of Section 163­A while granting compensation to the claimants which came into force with effect from 22.5.2018 whereas the claim petition came to be filed in the year 2014. He has further submitted that the learned Tribunal has committed an error in not appreciating that the amendment in question could not have been applied retrospectively as the Motor Accident Act is substantive law and the amendment therein would apply prospectively.

Notice returnable on 5.4.2021.

C/FA/593/2021 ORDER

Order in Civil Application Heard Mr. Maulik J. Shelat, learned advocate for the applicant.

Notice returnable on 5.4.2021. The operation, implementation and execution of the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main.) Banaskantha at Palanpur, dated 17.2.2020 in MACP No.202 of 2014 is stayed on condition that the applicant Insurance Company shall deposit the amount of liability of the applicant as determined by the Tribunal before the returnable date.

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED