United India Insurance Company ... vs Mumtajben Mohd. Sulemanbhai ...
2021 Latest Caselaw 3725 Guj

               C/FA/3371/2017                           IA ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                 CIVIL APPLICATION (FOR
WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1 of
                           2021
            In R/FIRST APPEAL NO. 3371 of 2017
============================================

MUMTAJBEN MOHD. SULEMANBHAI GENNA Versus UNITED INDIA INSURANCE COMPANY LIMITED. ============================================ Appearance:

MR SHAIVAL M PATEL FOR MR NIRAL R MEHTA for the PETITIONER(s) No. MRS VASAVDATTA BHATT for the RESPONDENT(s) No. ============================================ CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 03/03/2021

IA ORDER

1. Heard learned Advocate Shri Shaival M. Patel for learned Advocate Shri Niral R. Mehta for the applicants and learned Advocate Mrs. Vasavdatta Bhatt for respondent.

2. By way of this application, the applicants pray for disbursement of the part amount as awarded by the learned Commissioner, Workmen Compensation and Labour Court, Himmatnagar in WC (Fatal) Application No.2 of 2013 dated 09.08.2017.

3. It is submitted by learned Advocate Shri Patel for the applicants that the said judgment and order had been challenged by the Insurance Company - opponent No.1 herein by preferring First Appeal No.3371 of 2020, wherein vide order dated 10.10.2017 passed in Civil Application No.13339 of 2017, this Court had been pleased to inter alia stay the

C/FA/3371/2017 IA ORDER

judgment and award.

4. Learned Advocate Shri Patel further submits that the applicants are widow and children of the deceased and they are facing acute financial crunch and therefore, this Court may be pleased to pass an order for disbursal of the above amount awarded by the learned Commissioner Workmen Compensation and Labour Court, Himmatnagar.

5. Learned Advocate Mrs. Bhatt has strongly opposed this application.

6. Considering the submissions made by the applicants and considering the averments made in the application, this Court is of the considered opinion that 30% of the amount awarded by the Commissioner, Workmen Compensation, Labour Court, Himmatnagar shall be disbursed in favour of the applicants by Account Payee Cheque after proper verification and whereas as regards the remaining 70% amount, the same shall be invested in cumulative Fixed Deposit Receipt initially for a period of 5 years and thereafter, the same shall be renewed from time to time, till final disposal of First Appeal No.3371 of 2017.

In view of the above discussion, present Civil Application stands allowed.

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