The New India Assurance Co Ltd vs Jodhabhai S/O Najabhai Labhaka
2021 Latest Caselaw 2426 Guj

        C/FA/627/2021                                            ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/FIRST APPEAL NO. 627 of 2021
                            With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
              In R/FIRST APPEAL NO. 627 of 2021
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                 THE NEW INDIA ASSURANCE CO LTD
                              Versus
                 JODHABHAI S/O NAJABHAI LABHAKA
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Appearance:
MR TANMAY B KARIA(6833) for the Appellant(s) No. 1
 for the Defendant(s) No. 1,2,3,4,5,6,7
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                              Date : 16/02/2021

                                 ORAL ORDER

ORDER IN FIRST APPEAL

Heard Mr. Tanmay B. Karia, learned advocate for the appellant.

Issue Notice for final disposal, returnable on 05.04.2021.

ORDER IN CIVIL APPLICATION

1. Heard Mr. Tanmay B. Karia, learned advocate for the applicant. He has produced copy of judgment dated 05.11.2020 passed by the Motor Accident Claim Tribunal (Auxi.), Rajula in Claim Misc. Application No.24 of 2020.

2. It appears that the Tribunal has proceeded in- spite of the fact that the First Appeal is already filed before the High Court bearing First Appeal

C/FA/627/2021 ORDER

(St.) No.11094 of 2020 along with Civil Application No.1 of 2020. Though it was brought to the notice of the Tribunal, the Tribunal proceeded further and the Insurance Company to show its bona fide has voluntarily deposited an amount of Rs.25,000/- on 17.02.2020, Rs.33,07,062/- on 28.10.2020 and Rs.2,21,750/- on 28.10.2020, in total Rs.35,53,812/- under protest. The entire decreetal amount deposited by the applicant is disbursed in favour of the claimants.

3. It will be in the interest of justice that the Fixed Deposit Receipts, which are in possession of the claimants, be deposited with the Nazir of the concerned Tribunal within the period of one week from the date of receipt of this order. It is further directed that the original FDR be retained by the Nazir Department of the concerned Tribunal till final disposal of the First Appeal. Further, Nazir of the concerned Tribunal is also directed to inform Branch Manager of Saurashtra Gramin Bank, Authority, Rajula that the amount lying in the FDRs with the Bank shall not be encashed by the claimants till further orders.

4. Issue Notice returnable on 05.04.2021. Direct service is permitted.

(VAIBHAVI D. NANAVATI,J)

NEHA