Gujarat High Court
Reliance General Ins Co Ltd vs Nikhilchandra Mohanlal Ruparel on 18 February, 2021
Bench: N.V.Anjaria, A.S. Supehia
C/FA/5659/2019 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2020
In R/FIRST APPEAL NO. 5659 of 2019
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NIKHILCHANDRA MOHANLAL RUPAREL
Versus
NARSIGAR MULGAR GUSAI
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Appearance:
MR. HEMAL SHAH for the PETITIONER(s) No.
for the RESPONDENT(s) No.
MR MAULIK J SHELAT for the RESPONDENT(s) No.
MS KIRTI S PATHAK for the RESPONDENT(s) No.
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CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 18/02/2021
IA ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Heard learned advocate Mr. Hemal Shah for the applicant, learned
advocate Mr. Maulik Shelat for respondent No.3 insurance company and
learned advocate Ms. Kirti Pathak for respondent No.6.
2. By filling this application, the applicant original claimant seeks an
order of disbursement of an undisputed amount.
3. Motor Accident Claims Tribunal (Auxi.), Bhuj-Kachchh allowed
the Motor Accident Claim Petition No. 238 of 2009 filed by the applicant
claimant and awarded Rs. 76,20,200/- with interest at 9% from the date of
filling of the claim petition till realiation.
C/FA/5659/2019 IA ORDER
3.1 The appeal of respondent No.3 insurance company came to be
admitted by this court on 12.3.2020. While granting stay in the Civil
Application No.1 of 2019 order was passed on 6.12.2019, when in the
appeal notice was issued, staying the judgment and award on condition
that the appellant insurance company deposits the entire awarded amount.
There is no dispute about the factum that the appellant insurance
company respondent No.3 herein deposited the entire amount together
with interest with the Claims Tribunal concerned.
3.2 While the Tribunal awarded Rs. 76,20,200/- with interest as above,
the appeal before this court preferred by the appellant Reliance General
Insurance Co. Ltd. is restricted to the amount of Rs. 20,00,000/- . In
other words, Rs. 56,20,200/- together with the proportionate cost and
interest is the money which the applicant would be undisputedly entitled
to receive.
4. Requesting the court to disburse the entire undisputed amount, it
was submitted that the accident took place on 11.1.2009 when the
claimant was returning from Ambaji temple with his family members.
The opponent No.1 was driving his jeep car bearing registration No. GJ-
02-R-7349 and came from opposite side to dash with the car of the
applicant resulting into serious injuries and permanent disability to the
claimant.
4.1 Learned advocate for the applicant submitted that the applicant was
at that time 42 years of age and now is aged 54 years. He was doing job
as Electrical Design Engineer at Doha, Katar. It is submitted that the
multiple injuries received by the claimant were operated by fixing nail
and huge amount towards medical expenses was required to be spent for
multiple operations. It is stated that the treatment was a prolonged
treatment in the hospitals and post rest. It was submitted that the
C/FA/5659/2019 IA ORDER
applicant has become crippled and is permanently disabled and is not able
to earn sufficiently which he was earning before the accident due to the
accidental injuries. In view of the facts stated hereinabove, the
undisputed amount is required to be disbursed to the applicant claimant,
submitted learned advocate for the applicant.
5. There cannot be any dispute that the undisputed part of the amount
awarded by the Tribunal belongs to the applicant claimant to be payable
to him. At the same time, instead of permitting the entire such amount to
be placed in the hands of the applicant at one go, we deem it proper that
part of the amount shall remain in the fixed deposit with the bank in the
name of the claimant and the claimant may be entitled to the periodical
interest. The amount to the extent of Rs. 25,00,000/- ( rupees twenty five
lakhs) may be disbursed for the present in view of what is submitted in
the application. Further disbursement of the amount which is now to be
invested may be based on the applicant's satisfying the court about the
actual need at a given point of time.
6. As a result of the above, following directions are issued,
(i) Rs. 25,00,000/- (rupees twenty five lakhs) be disbursed in favour of
the applicant claimant out of the total undisputed/unchallenged
amount which is already deposited by the appellant insurance
company.
(ii) The disbursement shall be after following necessary procedure
and after verifying and identifying the identity of the applicant and
shall be by issuing account payee cheque drawn in the name of the
applicant.
(iii) The remainder part of the undisputed/unchallenged amount
C/FA/5659/2019 IA ORDER
together with the proportionate cost and interest shall be invested
in the fixed deposit in nationalised bank in the name of the
applicant initially for a period of three years which shall be subject
to further orders that may be passed by the court. The periodical
interest shall be paid to the applicant on quarterly basis by
transferring the same into bank account of the applicant.
6.1 The appellant insurance company has deposited the entire amount
which includes the amount which is disputed by the appellant and which
is part of subject matter of challenge in the First Appeal. Such disputed
amount under challenge together with the proportionate cost and interest
shall be invested by the Tribunal in the name of Nazir in a cumulative
fixed deposit in nationalised bank initially for a period of three years
renewable from time to time subject to further orders which may be
passed by this court. The fixed deposit receipt shall remain with the
Nazir of the Tribunal and shall not be allowed to be utilised for any
purpose including for raising any kind of loan thereon.
7. The Civil Application accordingly stands allowed and disposed of.
(N.V.ANJARIA, J)
(A. S. SUPEHIA, J)
C.M. JOSHI
