Icici Lombard General Insurance vs Mukeshbhai Jethabhai Rohit
2021 Latest Caselaw 5941 Guj

     C/FA/1661/2020                              IA ORDER DATED: 14/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                         NO. 1 of 2021
                               In
                R/FIRST APPEAL NO. 1661 of 2020
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MUKESHBHAI JETHABHAI ROHIT Versus KAMLESHBHAI JHAVERBHAI BARIYA

========================================================== Appearance:

MR A R DWIVEDI for the PETITIONER(s) No. MR R G DWIVEDI for the PETITIONER(s) No. MS POOJA H HOTCHANDANI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR SUNIL B PARIKH for the RESPONDENT(s) No.

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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 14/06/2021

IA ORDER

The First Appeal is directed against judgment and award of the Motor Accident Claims Tribunal (Auxiliary) Vadodara in Motor Accident Claims Petition No.639 of 2010.

2. In this Civil Application of stay, it was an order passed on 19.2.2021 observing that as per earlier order the appellant- Insurance Company deposited the entire awarded amount which was condition for grant of stay. The Court observed that the claimants could file appropriate application for disbursement of the amount. Pursuant to the present Civil Application is filed by original claimants seeking to disburse amount.

3. Heard learned advocate Ms.Pooja Hotchandani for learned

C/FA/1661/2020 IA ORDER DATED: 14/06/2021

advocate Mr.R.G.Dwivedi for the applicants and learned advocate Mr.Sunil Parikh for the respondent.

4. Since the amount is deposited and Appeal would take time to reach its final hearing and decision, the following directions would sub-serve the interest of justice at this stage.

(i) Out of the total amount deposited as above by the applicant insurance company, 70% amount shall be invested by the Tribunal in a cumulative fixed deposit with any nationalised bank for initial period of three years, renewable until final disposal of the appeal;

(ii) The claimants shall not be entitled to receive periodical interest on the invested amount;

(iii) The claimants shall not be entitled to raise any loan or financial assistance on the basis of the invested amount in the fixed deposit and the interest from the Fixed Deposit shall accrue and accumulate to be reinvested and shall not be disbursed to the claimants.

(iv) The fixed deposit receipt shall remain in the custody of Nazir of the Tribunal;

(v) The remaining 30% amount of the total amount deposited shall be disbursed to the claimants herein who are stated to be legal heirs of the deceased- Sureshbhai Mukeshbhai Rohit;

(vi) Before disbursement of the amount, the Tribunal shall verify the identity of the claimants and shall follow the procedure as may be required;

C/FA/1661/2020 IA ORDER DATED: 14/06/2021

(vii) Disbursement of the amount in favour of the claimants shall be done by issuing Account Payee cheque in the name of the claimants.

5. Civil Application stands disposed in the aforesaid terms.

(N.V.ANJARIA, J) Manshi