Hdfc Ergo General Insurance Co Ltd vs Rabari Maganbhai Visabhai
2021 Latest Caselaw 3773 Guj

      C/FA/3507/2019                                           IA ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
           In R/FIRST APPEAL NO. 3507 of 2019
=====================================================

HDFC ERGO GENERAL INSURANCE CO LTD Versus RABARI MAGANBHAI VISABHAI ===================================================== Appearance:

MR RATHIN P RAVAL for the PETITIONER(s) No. MR ANKIT Y BACHANI for the RESPONDENT(s) No. MR KK THAKKAR 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. Rathin P. Raval on behalf of the appellant and learned Advocate Mr. Kash K. Thakkar on behalf of Mr. K.K. Thakkar for respondent No.1­original claimant and learned Advocate Mr. Ankit Bachani on behalf of the owner of the vehicle.

2. Vide order dated 9th August, 2019 this Court (Coram : Honourable Mr. Justice Bhargav D. Karia) had directed to deposit entire amount alongwith interest and costs as condition for staying implementation, execution and operation of the impugned judgment and award dated 28th February, 2019 passed by the Motor Accident Claims Tribunal (Main) at Patan in Motor Accident Claims Petition No.154 of 2010. Learned Advocate Mr. Rathin P. Raval informs that the

C/FA/3507/2019 IA ORDER

entire amount has been deposited with the concerned Tribunal.

3. Learned Advocate Mr. Kash K. Thakkar submitted that since the entire amount is deposited, this Court may pass appropriate order for disbursement.

4. Considering the fact, it is directed that the Tribunal shall disburse 30% of the awarded amount in favour of the claimant after due verification and invest the remaining 70% of the amount in a cumulative Fixed Deposit Receipts in a Nationalized Bank initially for a period of three years and the same shall be renewed from time to time and shall not be encashed till final disposal of the appeal. The original FDR be retained by the Nazir Department of the concerned Tribunal.

5. The impugned judgment and award dated 28th February, 2019 passed by the Motor Accident Claims Tribunal (Main) at Patan in Motor Accident Claims Petition No.154 of 2010 shall remain stayed till final disposal of the first appeal.

With the above directions, the present application stands allowed.

(NIKHIL S. KARIEL,J)

Pallavi