United India Insurance Co. Ltd. vs Bahrtiben Wd/O. Galabhai ...
2021 Latest Caselaw 2438 Guj

                 C/FA/4420/2007                                   IA ORDER




                  IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

                  CIVILAPPLICATION(FORDIRECTION) NO. 1 of 2020
                        In R/FIRSTAPPEALNO. 4420of 2007
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BAHRTIBENWD/O.GALABHAIRAMANBHAIMALI Versus UNITEDINDIAINSURANCECO. LTD.

========================================================== Appearance:

for the PETITIONER(s)No.

MRR G DWIVEDIfor the PETITIONER(s)No.

MRVIBHUTINANAVATIfor the RESPONDENT(s)No. RULENOTRECDBACKfor the RESPONDENT(s)No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date: 16/02/2021 IA ORDER

1. The present application has been filed seeking following prayers:

"9A. This Hon'ble Court may be pleased to admit and allow present application .

B. Hon'ble Court may be pleased to pass the order and allow the applicant nos.2 & 3 for withdrawal of periodical interest accrued in Fixed Deposit Receipt.

C. This Hon'ble Court may be pleased to award the cost throughout."

2. Learned advocate Mr.R.G. Dwivedi for the applicants has

submitted that in pursuant of the order dated 31.08.2007 in

Civil Application (for stay) No.11351 of 2007 in First Appeal

No.4420 of 2007 Hon'ble Court was pleased to invest

Rs.5,00,000/- in FDR (Rs.4,00,000/- in the name of Applicant

No.1 and Rs.1,00,000/- in the name of Applicant No.4) with the

C/FA/4420/2007 IA ORDER

direction to disburse periodical interest to Applicants Nos.1 & 4

herein and disburse balance amount in the proportion of 60% &

40% for the benefit of respondents Nos.1, 2 and 3 and

Respondents Nos.4 and 5 respectively. He has submitted that

present applicants Nos.2 and 3 are only living legal heirs of

deceased victim of motor accident and accident took place on

30.11.1996 since then applicant is awaiting compensation,

hence, if the periodical interest accrued on the amount deposited

and invested in FDR will not be disbursed to the applicants, they

will suffer irreparable loss. He has submitted that at the time of

filing original claim petition and passing of judgment and award

dated 9.4.2007 by the learned tribunal the applicants Nos.2 and

3 were minor. Both the applicants have attained the age of

majority. He has submitted that during the pendency of the first

appeal, respondent nos.1, 4 and 5 expired on 24.07.2014,

15.09.2010 and 22.01.2009 respectively and the applicants

Nos.2 and 3 are only living heirs of the deceased. He has

submitted that the periodical interest accrued in Fixed Deposit

Receipt be permitted to be withdrawn in favour of the applicants

nos.2 and 3. On instructions, learned advocate for the applicants

states that the applicants Nos.2 and 3 have filed applications for

transferring the fixed deposit receipts in their joint names.

C/FA/4420/2007 IA ORDER

3. Learned advocate Mr.Vibhuti Nanavati appearing for the

respondent no.1 - Insurance Company has submitted that as

such the applicants being legal heirs of the deceased, he could

not have any objection if the interest accrued on the amount

lying in the fixed deposit is disbursed in favour of the legal heirs.

4. Heard learned advocates appearing for the respective

parties.

5. The amount deposited in the FDR since 2008 is not

disbursed in favour of the applicants. It is directed that the Fixed

Deposit amount lying in the name of Bhartiben Galabhai and

Ramabhai Avcharbhai Mali be transferred jointly in the names of

Sangeetaben Galabhai Mali and Sitaben Galabhai Mali -

applicants Nos.2 and 3 herein. Accordingly, the applicants Nos.2

and 3 are permitted to withdraw periodical interest accrued in

Fixed Deposit Receipts and interest which would accrue on the

same in future.

6. With the above observations and directions, the application

is allowed to the aforesaid extent. Rule is made absolute to the

aforesaid extent.

(VAIBHAVID. NANAVATI,J) dolly