Gujarat High Court
The United India Insurance ... vs Kampaben Satishbhai Dadiyar on 18 February, 2021
Bench: N.V.Anjaria, A.S. Supehia
C/FA/4249/2019 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. 4249 of 2019
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KAMPABEN SATISHBHAI DADIYAR
Versus
VADHAJI BIJALBHAI THAKOR
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Appearance:
MR PRADEEP R MISHRA for the PETITIONER(s) No.
MS POOJA H HOTCHANDANI for the PETITIONER(s) No.
for the RESPONDENT(s) No.
MR MAULIK J SHELAT 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 Ms. Pooja Hotchandani for the applicants-
the original claimants and learned advocate Mr. Maulik Shelat for
respondent No.3 United India Insurance Co. Ltd..
2. What is prayed in this application by the claimants is to allow
disbursement of the amount of compensation awarded and subsequently
deposited by the insurance company with the Tribunal.
3. It transpires that the stay was granted against the implementation
and execution of the judgment and award impugned in the main First
Appeal on 19.10.2019 on the condition that the applicant insurance
company deposits the entire awarded amount before the returnable date.
C/FA/4249/2019 IA ORDER
On 8.1.2021, it was stated by learned advocate and recorded in the order
that the amount was deposited. The stay was confirmed.
4. In view of the fact that the amount is deposited and the final
hearing of the appeal would take time, it would be proper to permit the
disbursement of the part of the amount to enable the applicants to enjoy
the fruits of the award.
5. In the facts of the case, 30% amount out of the total deposited
could be disbursed.
6. Accordingly, this application is allowed by directing as under,
I. The Tribunal shall disburse 30% amount of the total deposited in
Motor Accident Claim Petition No. 1459 of 2009 in favour of the
claimants in equal share after verifying identity of each of the
claimants and following the necessary procedure. If any of the
applicants are minor as on date, the amount payable to them shall
be received for them and on their behalf by applicant No.1
Kampaben Satishbhai Dodiyar.
II. The amount shall be paid by issuing account payee cheque in the
names of respective claimants.
III.The remaining 70% amount shall by invested by the Tribunal in the
nationalised bank in cumulative fixed deposit initially for a period
of three years and renewable from time to time subject to further
and final orders which may be passed by the court.
IV. The applicants shall not be entitled to receive periodical
interest on the invested amount.
C/FA/4249/2019 IA ORDER
V. 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. Present Civil Application is disposed of in terms of above
directions.
(N.V.ANJARIA, J)
(A. S. SUPEHIA, J)
C.M. JOSHI
