Icici Lombard General Insurance ... vs Kusumben Bhemabhai ...
2021 Latest Caselaw 3779 Guj

      C/FA/1937/2020                                          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. 1937 of 2020
=====================================================

KUSUMBEN BHEMABHAI CHAUHAN(SISTER) Versus RAJMOHMMAD MOHAMADHANIF RANGERAZ ===================================================== Appearance:

MR NISHIT A BHALODI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR CHIRAYU A MEHTA for the RESPONDENT(s) No. ===================================================== CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 04/03/2021 IA ORDER

1. Heard learned Advocate Mr. Nishit A. Bhalodi on

behalf of the applicant and learned Advocate

Mr.Chirayu A. Mehta on behalf of the respondent

Nos.1,2 and 3.

2. Vide order dated 14th October, 2020 this Court

(Coram : Honourable Mr. Justice Ashutosh J.

Shastri) has issuing notice had stayed the

impugned judgment and award passed by the Motor

Accident Claims Tribunal (Aux.) Kheda at Nadiad

in Motor Accident Claims Petition No.1430 of

2012 dated 11th February, 2020 on condition that

the appellant shall deposit the entire awarded

amount with costs and interest with the

C/FA/1937/2020 IA ORDER

concerned Tribunal. Thereafter, this Court

(Coram : Honourable Ms. Justice Vaibhavi D.

Nanavati) had directed the deposited the amount

as per the direction of the Tribunal.

3. Considering the fact that the First Appeal is

already admitted by order dated 21st January,

2021 and the awarded amount is also deposited

with the Tribunal, it is directed that the

Tribunal shall disburse 30% of the awarded

amount in favour of the claimants after due

verification and invest the remaining 70% of the

amount in a 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 claimant shall

be entitled to the periodical interest accrued

on the said FDRs only in the bank account. The

original FDR be retained by the Nazir Department

of the concerned Tribunal.

4. With the above directions, the civil application

stands disposed of.

(NIKHIL S. KARIEL,J) Pallavi