Icici Lombard General Insurance ... vs Ranjanben Kanjibhai Jamod
2021 Latest Caselaw 1203 Guj

            C/FA/461/2020                                   IA ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                 In R/FIRST APPEAL NO. 461 of 2020
                                With
           CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                  In R/FIRST APPEAL NO. 70 of 2020
                                With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                            NO. 3 of 2020
                  In R/FIRST APPEAL NO. 70 of 2020
================================================================

ICICI LOMBARD GENERAL INSURANCE CO LTD Versus RANJANBEN KANJIBHAI JAMOD ================================================================ Appearance:

for the PETITIONER(s) No. MR CHIRAYU A MEHTA for the PETITIONER(s) No. RULE SERVED for the RESPONDENT(s) No. ================================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 27/01/2021 IA ORDER ORDER IN CIVIL APPLICATION NO.1 OF 2020 IN FIRST APPEAL NO.461 OF 2020:-

1. Heard learned advocate Mr. Chirayu Mehta for the applicant.

2. It is stated by the learned advocate for the applicant that the entire amount as determined is deposited before the tribunal. Accordingly, the civil application for stay is disposed of. Rule is made absolute to the aforesaid extent.

3. It is open for the claimants to file appropriate application for disbursement of the amount.

C/FA/461/2020 IA ORDER

ORDER IN CIVIL APPLICATION NO.1 OF 2019 IN FIRST APPEAL NO.70 OF 2020:-

1. Heard learned advocate Mr. Chirayu Mehta for the applicant.

2. It is stated by the learned advocate for the applicant that the entire amount as determined is deposited before the tribunal. Accordingly, the civil application for stay is disposed of. Rule is made absolute to the aforesaid extent.

3. It is open for the claimants to file appropriate application for disbursement of the amount.

4. The name of the learned advocate Mr.Urvesh M. Prajapati be deleted from the cause list.

ORDER IN CIVIL APPLICATION NO.3 OF 2020 IN FIRST APPEAL NO.70 OF 2020:-

1. Heard learned advocate Mr. Maulik Shelat for the applicant and learned advocate Mr.Chirayu Mehta for respondent-insurance company.

2. The applicants are the heirs of the original claimants, who have filed the present application seeking disbursement of the amount in their favour.

3. Considering the same, the impugned judgment and award is hereby stayed till final disposal of the appeal. 30% amount will be disbursed by the Tribunal amongst the legal heirs of the deceased claimants after due

C/FA/461/2020 IA ORDER

verification and invest the remaining 70% of the amount in FDR with any Nationalized Bank initially for a period of three years and the same shall be renewed from time to time and shall not be encashed till final disposal of the appeal. The claimants shall be entitled to the periodical interest accrued on the said FDR only. The original FDR be retained by the Nazir Department of the concerned Tribunal.

4. With the above observation and directions, the application is disposed of accordingly.

(VAIBHAVI D. NANAVATI,J) ABHISHEK