The United India Insurance Co. Ltd vs Jerambhai Fakirbhai ...
2021 Latest Caselaw 1003 Guj

         C/FA/1311/2019                                                 IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
                   In R/FIRST APPEAL NO. 1311 of 2019
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THE UNITED INDIA INSURANCE CO. LTD Versus JERAMBHAI FAKIRBHAI KOLI(PATADIYA) ========================================================== Appearance:

MR RATHIN P RAVAL for the PETITIONER(s) No. MR HS MUNSHAW for the RESPONDENT(s) No. RULE SERVED BY DS for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 21/01/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocate Mr.Rathin Raval for the applicant and learned advocate Mr.H.S. Munshaw for respondent No.3 Corporation. For the original claimant, nobody appears though Rule is served.

2. This is an application for stay in the appeal which his already admitted. The Court passed order dated 02nd April, 2019 in this Civil Application granting stay on the implementation and execution of the judgment and award passed by Motor Accident Claims Tribunal, Rajkot in Motor Accident Claims Petition No.1076 of 2011 on condition that the appellant deposits its share of compensation awarded by the Tribunal.

3. Today when the Civil Application comes up

C/FA/1311/2019 IA ORDER

for consideration, learned advocate for the applicant stated that amount has been deposited with the Tribunal as directed in the aforementioned order dated 02nd April, 2019. Since the amount is deposited, the stay granted on 02nd April, 2019 stands confirmed on the same terms and conditions.

4. While the amount is deposited, none appears for the original claimant despite service of Rule. The Tribunal shall invest the entire deposited amount in a cumulative fixed deposit with a nationalized bank initially for a period of one year and renewable till further orders.

5. The stay stands confirmed in the aforesaid terms. Rule is made absolute.

IT is clarified that the present order and the confirmation of stay shall not preclude the claimants to file application for disbursement out of the part of the amount to be considered on its own merits and in accordance with law.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) ANUP