Gujarat State Road Transport ... vs Dahriben Manjabhai Vasava
2021 Latest Caselaw 3619 Guj

               C/FA/29/2021                            IA ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of
                            2021
             In R/FIRST APPEAL NO. 29 of 2021
============================================

GUJARAT STATE ROAD TRANSPORT CORPORATION Versus DAHRIBEN MANJABHAI VASAVA ============================================ Appearance:

for the PETITIONER(s) No. MR RUSHABH MUNSHAW FOR MR HS MUNSHAW for the PETITIONER(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ============================================ CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 01/03/2021

IA ORDER

1. Heard learned Advocate Shri Rushabh Munshaw for Shri H.S. Munshaw for the applicant and learned Advocate Shri Nishit A. Bhalodi for the respondent.

2. Present application is preferred by the applicant praying to stay the operation, implementation and execution of the judgment dated 26.02.2020 delivered by learned Motor Accident Claims Tribunal (Auxi.), Bharuch, in MACP No.20 of 2018.

3. Vide order dated 18.01.2021, while admitted the First Appeal, this Court has stayed the impugned judgment and order on condition that the applicant shall deposit the entire amount of award passed by the learned Tribunal before the next returnable date.

C/FA/29/2021 IA ORDER

4. Today, learned Advocate Shri Munshaw submits that the applicant has already deposited the entire amount.

5. Under such circumstances, as per the order of the learned Tribunal, 30% of the entire awarded amount shall be disbursed to the claimant Nos.1 and 2 by Account Payee Cheque in the ratio of 70:30 after proper verification and whereas remaining 70% of the entire awarded amount shall be deposited in any Nationalized Bank as per the direction of the learned Tribunal whereas the claimants shall be at liberty to apply for periodical interest which shall be disbursed in their favour in the ratio of 70:30. The original Fixed Deposit Receipt shall be retained with the custody of Nazir Department of the concerned Tribunal.

In view of the above, the application stands disposed of. Rule is made absolute.

(NIKHIL S. KARIEL,J) Y.N. VYAS