Hdfc Ergo General Insurance ... vs Amrutbhai Bhikhabhai Vataliya
2021 Latest Caselaw 3772 Guj

      C/FA/1356/2020                                           IA ORDER



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
          In R/FIRST APPEAL NO. 1356 of 2020
=====================================================

HDFC ERGO GENERAL INSURANCE COMPANY LIMITED Versus AMRUTBHAI BHIKHABHAI VATALIYA ===================================================== Appearance:

for the PETITIONER(s) No. MR VIBHUTI NANAVATI for the PETITIONER(s) No. MR DAKSHESH MEHTA for the RESPONDENT(s) No. MR KRUNAL R SAKSENA for the RESPONDENT(s) No. MR. RUSHANG D MEHTA for the RESPONDENT(s) No. NOTICE SERVED for the RESPONDENT(s) No. NOTICE UNSERVED for the RESPONDENT(s) No. ===================================================== CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 04/03/2021 IA ORDER

1. Heard learned Advocate Mr. Vibhuti Nanavati on behalf of the applicant/appellant.

2. By way of this application, the applicant seeks to challenge judgment and award dated 26th July, 2019 passed by the learned Motor Accident Claims Tribunal (Aux.­IX) Ahmedabad Rural in Motor Accident Claims Petition No.1579 of 2012.

3. Vide order dated 13th March, 2020, this Court (Coram : Honourable Mr. Justice Paresh Upadhyay) had stayed the impugned judgment and award on condition that the applicant shall deposit entire awarded amount with the tribunal and whereas it is confirmed by learned advocate Mr. Vibhuti Nanavati that entire amount has been

C/FA/1356/2020 IA ORDER

deposited before the learned Tribunal. Learned Advocate Mr. Krunal Saxena appearing on behalf of the respondent Nos.4 to 8-original claimants request that since the awarded amount is deposited this Court may pass order of disbursement as well as further order of investment.

4. Considering the same, 30% of the entire amount deposited with the tribunal shall be disbursed in favor of the applicant herein after proper verification in the proportion as directed by the learned tribunal. In so far as remaining 70% amount is concern the same shall be invested in cumulative fixed deposit account with any nationalized bank initially for a period of three years and renewed periodically till the final disposal of the first appeal.

5. The impugned judgment and award dated 26th July, 2019 passed by the learned Motor Accident Claims Tribunal (Aux.­IX) Ahmedabad Rural in Motor Accident Claims Petition No.1579 of 2012 shall remain stayed.

With this observation, the civil application stands allowed.

(NIKHIL S. KARIEL,J)

Pallavi