New India Assurance Co Ltd vs Parsottambhai Savjibhai Patel
2021 Latest Caselaw 772 Guj

         C/FA/683/2020                                      IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2020
                In R/FIRST APPEAL NO. 683 of 2020
==========================================================

PARSOTTAMBHAI SAVJIBHAI PATEL Versus NEW INDIA ASSURANCE CO LTD ========================================================== Appearance:

for the PETITIONER(s) No. MR R.K.MANSURI for the PETITIONER(s) No. MR AJAY R MEHTA for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 19/01/2021

IA ORDER

1. Heard learned advocate Mr.R.K. Mansuri for the applicant and learned advocate Ajay R. Mehta for the opponent­claimants.

2. It is stated by learned advocate Mr.R.K. Mansuri that Insurance Company has deposited the entire amount with the learned Tribunal. Accordingly this Civil Application is filed for disbursement of appropriate amount to the claimant.

3. The First Appeal is already admitted vide order dated 13.02.2020 and the awarded amount has been deposited with the Tribunal.

4. Considering the same, the impugned judgment and award is hereby stayed till final disposal of the appeal. The Tribunal shall disburse 30% of the awarded amount amongst the claimants after due verification and invest the remaining 70% of the amount in FDR with

C/FA/683/2020 IA ORDER

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 original FDR be retained by the Nazir Department of the concerned Tribunal.

5. With the aforesaid directions, the civil application is allowed to the aforesaid extent.

(VAIBHAVI D. NANAVATI,J) KUMAR ALOK