Oriental Insurance Company Ltd vs Nimisha Amitkumar Patel
2021 Latest Caselaw 5632 Guj

 C/FA/890/2021                                            ORDER DATED: 08/06/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 890 of 2021

                                     With
                 CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                       In R/FIRST APPEAL NO. 890 of 2021
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                    ORIENTAL INSURANCE COMPANY LTD
                                 Versus
                   NIMISHA AMITKUMAR PATEL & 8 other(s)
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3,4
NOTICE SERVED(4) for the Defendant(s) No. 6,7,9
NOTICE UNSERVED(8) for the Defendant(s) No. 8
UNSERVED EXPIRED (N)(9) for the Defendant(s) No. 5
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 CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
        and
        HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                              Date : 08/06/2021

                        ORAL ORDER

(PER : HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI) Order in First Appeal Heard Mr. Maulik J. Shelat, the learned counsel for the appellant.

Appeal is admitted.

Order in Civil Application Heard Mr. Maulik J. Shelat, the learned counsel for the applicant.

It is stated by the learned advocate for the applicant that the entire amount as determined by the Motor Accident Claim Tribunal, Bharuch in Motor Accident Claim Petition No.324 of 2013 by

C/FA/890/2021 ORDER DATED: 08/06/2021

judgment and award dated 13.3.2020 is deposited before the Tribunal.

Considering the fact that the First Appeal is admitted and the awarded amount is also deposited with the Tribunal, it is directed that the Tribunal shall disburse 30% of the awarded amount to the claimant after due verification and invest the remaining 70% of the amount in a cumulative Fixed Deposit Receipts in a 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.

The civil application stands disposed of accordingly.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED