Hdfc Ergo General Insurance Co. ... vs Sonalben Wd/O Jitendra ...
2021 Latest Caselaw 3617 Guj

           C/FA/1783/2020                                     ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 1783 of 2020
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                   In R/FIRST APPEAL NO. 1783 of 2020
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             HDFC ERGO GENERAL INSURANCE CO. LTD.
                              Versus
           SONALBEN WD/O JITENDRA NARENDRABHAI PATEL
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR JINESH H KAPADIA(5601) for the Defendant(s) No. 1,2,3
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 9
NOTICE NOT RECD BACK(3) for the Defendant(s) No. 4,5,6,7,8
==========================================================

 CORAM: HONOURABLE MR. JUSTICE R.M.CHHAYA
        and
        HONOURABLE MR. JUSTICE R.P.DHOLARIA

                             Date : 01/03/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

ORDER IN FIRST APPEAL :

Admit.

Registry is directed to call for the Record and Proceedings.

Cross Objections be heard along with the main First Appeal.

ORDER IN CIVIL APPLICATION :

Heard the learned advocates appearing for the respective parties.

C/FA/1783/2020 ORDER

The main appeal filed under section 173 of the Motor Vehicles Act, 1988 has been admitted. In the facts of this case, the impugned judgment and award is stayed till final disposal of the appeal. The trial Court shall invest 70% of the amount in a cumulative fixed deposit receipts in a nationalised bank initially for a period of three years and renewable from time to time for similar period till final disposal of the appeal and 30% of the amount shall be given to the claimants upon proper verification. However, the interest accrued thereon shall be paid to the claimants. The original FDRs to be retained by the Tribunal.

Accordingly, the application is disposed of.

(R.M.CHHAYA, J)

(R.P.DHOLARIA, J) H.M. PATHAN