Iffco Tokio General Insurance Co ... vs Thakore Bhuptaji Khumaji
2021 Latest Caselaw 3652 Guj

               C/FA/1419/2020                          ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/FIRST APPEAL NO. 1419 of 2020

                           With
     CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
            In R/FIRST APPEAL NO. 1419 of 2020
                           With
             R/FIRST APPEAL NO. 1420 of 2020
                           With
     CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
            In R/FIRST APPEAL NO. 1420 of 2020
                           With
             R/FIRST APPEAL NO. 1421 of 2020
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         IFFCO TOKIO GENERAL INSURANCE CO LTD
                           Versus
              JOSHI GOPALBHAI DANSUNGBHAI
============================================
Appearance:
MR CHIRAYU A MEHTA(3256) for the Appellant(s) No. 1
MR KK THAKKAR(2834) for the Defendant(s) No. 1
RULE NOT RECD BACK(63) for the Defendant(s) No. 2,3
============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 02/03/2021

                                 ORAL ORDER

Heard learned Advocate Shri Chirayu A. Mehta on behalf of the appellant/s and learned Advocate Shri K.K. Thakkar on behalf of the opponent no.1- original claimant.

Learned Advocate Shri Mehta submits that pursuant to the order of this Court dated 10.08.2020 , the applicant has deposited the entire amount as awarded by the learned Tribunal with interest and cost with the concerned Tribunal.

C/FA/1419/2020 ORDER

Considering the same, it is ordered that the impugned judgment and award passed by the learned Motor Accident Claim Tribunal (Main), Patan in Motor Accident Claim Petition No. 81 of 2017 dated 29.06.2019 shall remain stayed till the final disposal of the appeals. The deposited amount shall be invested in cumulative Fixed Deposit in any Nationalized Bank by the concerned Tribunal and it shall be renewed from time to time till further orders are passed by this Court in this regard. The Fixed Deposit receipts shall be kept with the Nazir of the Tribunal.

Civil Applications are disposed of.

It is clarified that it shall be open for the claimant/s to file appropriate application for disbursement of the amount.

(NIKHIL S. KARIEL,J) niru