Gujarat High Court
Manharbhai Rameshbhai Vasaiya vs United India Insurance Co. on 7 July, 2021
Bench: N.V.Anjaria
C/SCA/6728/2021 ORDER DATED: 07/07/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6728 of 2021
==========================================================
MANHARBHAI RAMESHBHAI VASAIYA
Versus
UNITED INDIA INSURANCE CO.
==========================================================
Appearance:
NISHIT A BHALODI(9597) for the Petitioner(s) No. 1
. for the Respondent(s) No. 1
MR RATHIN P RAVAL(5013) for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
Date : 07/07/2021
ORAL ORDER
In the facts of the case and having regard
to request and consent of learned advocates appearing
for the parties, this petition is taken up for final
consideration.
1.1 Rule, returnable forthwith. Learned advocate
Mr.Rathin Raval waives service of notice of Rule on
behalf of the respondent - insurance company.
1.2 Heard learned advocate Mr.Nishit Bhalodi for
the petitioner and learned advocate for the
respondent - insurance company.
2. The present petition is filed with a prayer
to set aside order dated 26th February, 2020 passed by
Motor Accident Claims Tribunal, Modasa in Civil
Miscellaneous Application No.66 of 2020. It is
further prayed to direct to pay the entire amount
lying in the fixed deposit with Baroda Gujarat Gramin
Bank at Zalod.
C/SCA/6728/2021 ORDER DATED: 07/07/2021
3. The facts inter alia are that the petitioner
had suffered injury in vehicular accident occurred on
14th November, 2017. Motor Accident Claims Petition
No.174 of 2017 was filed, in which the Tribunal
awarded total compensation of Rs.12,39,100/- with
interest at the rate of 9% from the date of claim
petition till realisation. Out of the said total
awarded amount, Rs.03,54,240/- for future economic
loss, Rs.10,000/- under the head of pain, shock and
suffering, Rs.10,000/- for special diet, attendance
and transportation charges, whereas Rs.08,000/- was
granted for actual loss of income for two months.
Medical expenditure to the extent of Rs.08,56,859/-
was allowed as per the bills.
3.1 Pursuant to the aforesaid award,
disbursement to the extent of Rs.03,46,338/- was
allowed in favour of the claimant whereas remaining
amount of Rs.08,08,822/- was invested in fixed
deposit with Baroda Gujarat Gramin Bank on 24th
January, 2021 for five years in Fixed Deposit Account
No.032441.
3.2 The petitioner-claimant thereafter moved the
aforesaid Civil Miscellaneous Application No.66 of
2020 before the Claims Tribunal by submitting that he
was labourer and sizable medical expenditure was
required to be incurred to treat the injuries
suffered in the accident. It was stated that amounts
were borrowed from friends and relatives to meet with
the medical expenditure. It was also stated that the
claimant had to pay interest on the amount borrowed.
C/SCA/6728/2021 ORDER DATED: 07/07/2021
It was, therefore, prayed before the Tribunal that
fixed deposit may be broken to realise further amount
to meet with the medical expenses. In support of the
plea it was submitted that as per the award of the
Tribunal itself, Rs.08,56,860/- was granted for
medical expenditure and the bills were also produced.
3.3 The Claims Tribunal passed impugned order
and rejected the prayer of the petitioner for further
disbursement. What was reasoned was that deposit was
created barely two months back, therefore premature
breaking thereof would not be in the interest. The
Tribunal observed that therefore, at this stage,
application was not liable to be accepted.
4. In this petition, learned advocate for the
petitioner submitted that actual expenses were
incurred to pay the medical bills which are produced
at Exh.29 before the Claims Tribunal and on that
basis, the Tribunal awarded total amount of
Rs.08,56,860/- under the said head, whereas
disbursement was permitted only of Rs.03,46,338/-. It
was submitted that the victim was labourer and was in
dire need of money to make good the medical expenses
amount which he incurred by borrowing sums and now he
is paying interest.
5. Having considered the totality of facts, the
request for further disbursement is meritorious
inasmuch as, the injured claimant had spent as per
the bills produced with the Tribunal, more amount
than the amount disbursed after the judgment and
C/SCA/6728/2021 ORDER DATED: 07/07/2021
award. This Court is, therefore, inclined to permit
further disbursement to the extent of Rs.02,00,000/-
(Rupees Two Lakhs Only). Liberty also deserves to be
reserved for the petitioner to seek further
disbursement by showing the actual need.
6. As a result of above, the present petition
is allowed. Order dated 26th February, 2020 passed in
Civil Miscellaneous Application No.66 of 2020 by
Motor Accident Claims Tribunal (Aux.) at Modasa,
District Arvalli is set aside. The petitioner shall
be allowed withdrawal of Rs.02,00,000/- (Rupees Two
Lakhs Only) out of the fixed deposit lying with
Baroda Gujarat Gramin Bank, Zalod.
6.1 The Tribunal is permitted to break the fixed
deposit to pay the amount of Rs.02,00,000/- to the
petitioner by transferring the same in the savings
bank account in his own name after following
identification and other necessary procedure.
6.2 Investment in fixed deposit, normally in all
precedential orders, is directed to be made with any
nationalized bank. Therefore, it would be in the
larger interest, that the Tribunal is directed to
take all necessary steps to ensure that the remaining
amount is invested in fixed deposit with any
nationalized bank, initially for a period of one
year, which shall be renewed from time-to-time
subject to further orders which may be passed by the
competent court.
6.3 Receipt of the such fixed deposit shall
C/SCA/6728/2021 ORDER DATED: 07/07/2021
remain in the custody of the Nazir of the Tribunal
and the same shall not be utilised for any purpose
including raising of loan etc.
7. This petition is allowed accordingly and
disposed of.
Direct service is permitted.
(N.V.ANJARIA, J)
ANUP
