Hdfc Ergo General Insurance Co Ltd vs Nikunjbhai Ramjibhai Chanura
2021 Latest Caselaw 3780 Guj

      C/FA/871/2020                                        IA ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

     CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
           In R/FIRST APPEAL NO. 871 of 2020
=====================================================

HDFC ERGO GENERAL INSURANCE CO LTD Versus NIKUNJBHAI RAMJIBHAI CHANURA ===================================================== Appearance:

for the PETITIONER(s) No. MR RATHIN P RAVAL for the PETITIONER(s) No. MR NISHIT A BHALODI for the RESPONDENT(s) No. RULE SERVED 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.

Nishit Bhalodi on behalf of the respondent No.1­

original claimant.

2. Vide order dated 26th February, 2020, this Court

(Coram : Honourable Mr. Justice N.V. Anjaria)

while admitting the First Appeal this Court had

directed the impugned judgment and award to

remain in abeyance on condition that the entire

amount as per the award alongwith interest and

costs to be deposited with the learned Tribunal.

C/FA/871/2020 IA ORDER

It appears that thereafter the entire amount had

been deposited and vide order dated 23th

February, 2021 this Court (Coram : Honourable

Ms. Justice Vaibhavi D. Nanavati) in Civil

Application (For Withdrawal/Disbursement of

amount) No.1 of 2021 had granted disbursement as

well as investment of the remaining amount.

3. Considering the same, the impugned judgment and

award dated 22nd November, 2019 passed by the

Motor Accident Claims Tribunal (Aux.) and

Additional District Court, Rajkot at Dhoraji in

Motor Accident Claims Petition No.64 of 2017

shall remain stayed till the final disposal of

the First Appeal No.871 of 2020.

With this direction, the civil application

stands allowed.

(NIKHIL S. KARIEL,J)

Pallavi