Reliance General Insurance Co. ... vs Manuji Somaji Thakor
2021 Latest Caselaw 6126 Guj

      C/FA/2115/2020                                         IA ORDER DATED: 16/06/2021


             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 2115 of 2020
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MANUJI SOMAJI THAKOR Versus YASINBHAI YUSUFBHAI MANDLI ========================================================== Appearance:

MR MAKBUL I MANSURI for the PETITIONER(s) No. MR MOHDDANISH M BAREJIA for the RESPONDENT(s) No. MR RATHIN P RAVAL for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 16/06/2021

IA ORDER

Heard learned advocate Mr.M.I. Mansuri for the applicants-claimants and learned advocate Mr.Rathin Raval for the respondent - insurance company.

2. The claimants have filed this application seeking disbursement of the amount which was deposited by the insurance company as per order dated 12th January, 2021 passed by the Court while staying the judgment and award of the Claims Tribunal impugned in the First Appeal. Admittedly, the awarded amount has been deposited by the insurance company.

3. When on one hand of the amount compensation awarded to the claimants is deposited and on the other hand since the final decision in the appeal is likely to take time, reasonable amount could be paid to the applicants-claimants in the interregnum to sub-serve the ends of justice.

C/FA/2115/2020 IA ORDER DATED: 16/06/2021

4. While ordinarily 30% amount out of the total is disbursed to the claimants, looking to the contention of the appellant-insurance company in the appeal that there was no insurance policy at all to cover the risk and which fact is reflected in the evidence also, disbursement is restricted to 20%.

5. In the aforesaid view, following directions are passed.

(i) Out of the total amount, 20% amount shall be disbursed in favour of the two claimants herein in equal proportion by the Tribunal. The Tribunal shall verify the identity and shall follow the procedure;

(ii) The amount falling to the share of the respective claimants shall be deposited directly in the savings bank account of the claimants concerned;

(iii) The balance 80% amount shall be invested by the Tribunal in a cumulative fixed deposit with any nationalised bank initially for a period of one year and renewable;

(iv) Fixed Deposit Receipt shall remain in custody of the Nazir of the Tribunal and shall not be utilised for any purpose including raising of loan;

C/FA/2115/2020 IA ORDER DATED: 16/06/2021

(v) The claimants shall not be entitled to periodical interest.

The application is allowed and disposed of accordingly.

(N.V.ANJARIA, J) ANUP