New India Assurance Company ... vs Anilkumar Bhanabhai Kataria
2021 Latest Caselaw 3269 Guj

       C/FA/4685/2019                                     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. 4685 of 2019
================================================================

DAMYANTIBEN WD/O KIRITBHAI PARMAR AND D/O VALLABHBHAI SOLANKI Versus ANILKUMAR BHANABHAI KATARIA ================================================================ Appearance:

MR.HIREN M MODI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR CHIRAYU A MEHTA for the RESPONDENT(s) No. MR VIBHUTI NANAVATI for the RESPONDENT(s) No. ================================================================ CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA Date : 25/02/2021 IA ORDER (PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)

(1) RULE. Learned advocates appearing on behalf of the opponents waives service of notice of rule on behalf of the respective opponents.

(2) The present application has been preferred by the applicants­original claimants/original respondent Nos.7 to 9 i.e. widow, father and mother of the deceased respectively, seeking a direction to the Motor Accident Claims Tribunal (Aux.) and Additional District Judge, Navsari (the Tribunal) to permit the applicants­original claimants to withdraw 30% amount by way of an account payee cheque in the names of the applicants from the fixed

C/FA/4685/2019 IA ORDER

deposit and further to permit them to withdraw the interest accrued periodically on the remaining 70% amount so deposited in the fixed deposit by the opponent­ICICI Lombard General Insurance Company Limited.

(3) The captioned first appeal has been filed by the opponent­Insurance Company challenging the judgment and award dated 04.05.2018 passed by the Tribunal in M.A.C.P. No.209 of 2010, which has been admitted by this court vide order dated 04.10.2019 and while issuing rule in the connected civil application (for stay), this court has granted interim relief to the effect that to stay the operation/ execution / implementation of the award rendered by the Tribunal and further to direct the Tribunal to appropriate the amount of award, which the opponent­Insurance Company would deposit before the Tribunal towards the principal amount, which includes interest and cost. Accordingly, the impugned judgment and award dated 04.05.2018 passed by the Tribunal has been stayed by this court vide order dated 04.10.2019 till pendency of the accompanying first appeal.

(4) Learned advocate appearing on behalf of the applicants­original claimants has submitted that the present applicants are widow and

C/FA/4685/2019 IA ORDER

parents of the deceased respectively, who died in the accident. It is submitted that the applicant No.1 has lost his husband and applicant Nos.2 and 3 have lost their son, who was the only earning member for the family of the applicants. It is submitted that the applicants are waiting for compensation since a decade i.e. 2010. Learned advocate further has further submitted that after the accident, the applicants have been facing great financial crisis. It is also submitted that after the accident there were big expenses occurred in the social and funeral ceremony, which was custom of the applicants' religion and, therefore, the applicants are facing huge financial crunch. Further the learned advocate has submitted that due to the current lock down and pandemic situation also, the applicants are facing huge financial crisis and hence, it is prayed that interest part of rest of the amount may be permitted to be withdrawn. Lastly, the learned advocate has submitted that there are cognate First Appeals No.1727/2019 and 1728/2019, wherein this court permitted disbursement of the amount in the ratio of 70% and 30% and, therefore, it is urged that appropriate direction for disbursement of amount may be passed, as prayed for in the present application.

        C/FA/4685/2019                                                IA ORDER



(5)   Learned           advocate         Mr.Nanavati             appearing              on
      behalf        of        the     the       opponent­ICICI               Lombard
      General            Insurance             Company          Limited               has
      submitted           that        appropriate              order        may         be
      passed.


(6)   Heard       the         learned        advocates          appearing               on

behalf of the respective parties.

(7) Having regard to the submissions advanced by the learned advocates as well as the averments made in the application, the application deserves to be allowed as prayed for in the present application.

(8) The Tribunal is directed to deposit 70% amount available in the fixed deposit initially for a period of 05 (five) years, in the name of the original claimants, which shall be continued to be renewed from time to time till final disposal of the main First Appeal. The original claimants shall be entitled to periodical interest on the aforesaid fixed deposit. Interest accruing on such amount shall be paid to the claimant(s), by A/c. Payee Cheque(s).

(9) The balance 30% amount together with proportionate cost and interest is permitted to be withdrawn by the original claimants,

C/FA/4685/2019 IA ORDER

which shall be paid by the Tribunal by A/c. Payee Cheque, on proper identification and verification and the original claimants shall be informed by the Tribunal itself the amount which they are to be paid (i.e. 30% with proportionate cost and interest). The aforesaid arrangement shall be subject to the ultimate outcome of the main first appeal.

(10) The claimants shall not be allowed premature withdrawal of the amount, which is directed to be invested or to raise any borrowings against such investment. Original of the Fixed Deposit Receipt shall be retained in the custody of the Nazir of concerned Tribunal.

(11) The application is allowed. RULE is made absolute accordingly.

sd/­ (N.V.ANJARIA, J)

sd/­ (A.S.SUPEHIA, J)

NVMEWADA