Reliance General Insurance ... vs Megha Sumar Harijan (Meghvar)
2021 Latest Caselaw 3781 Guj

      C/FA/2560/2019                                               IA ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
     CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
          In R/FIRST APPEAL NO. 2560 of 2019
=====================================================

RELIANCE GENERAL INSURANCE CO.LTD Versus MEGHA SUMAR HARIJAN (MEGHVAR) ===================================================== Appearance:

MR MAULIK J SHELAT for the PETITIONER(s) No. MR NISHIT A BHALODI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. =====================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 04/03/2021

IA ORDER

1. Heard learned Advocate Mr. Maulik J. Shelat on behalf of the applicant and learned Nishit Bhalodi on behalf of the original claimants­ respondent Nos.1 and 2.

2. Vide order dated 19th June, 2019 in Civil Application No.1 of 2019 this Court (Coram: Honourable Mr. Justice Bhagav D. Karia) had stayed the impugned judgment and award on condition that the appellant shall deposit the entire awarded amount along with costs and interest. Whereas it appears that in compliance of the said order the entire amount had been deposited. Thereafter, the original claimants i.e. respondent Nos.1 and 2 herein have preferred Civil Application (For

C/FA/2560/2019 IA ORDER

Withdrawal/Disbursement of amount) No.1 of 2020 and whereas vide order dated 2nd February, 2021 this Court (Coram : Honourable Ms. Justice Vaibhavi D. Nanavati) had directed to disburse 30% of the awarded amount amongst the claimants after due verification alongwith the investment of remaining 70% of the amount in 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.

3. Considering the same, the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Kutch at Bhuj in Motor Accident Claims Petition No.447 of 2014 shall remain stayed till final disposal of the present appeal.

With this observation, the present Civil Application (for stay) No.1 of 2019 stands allowed.

(NIKHIL S. KARIEL,J)

Pallavi