Icici Lombard General Insurance ... vs Rajuben Wd/O Damjibhai Alias ...
2021 Latest Caselaw 3792 Guj

               C/FA/967/2021                           ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/FIRST APPEAL NO. 967 of 2021

                                With
      CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 967 of 2021
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 ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
                                Versus
 RAJUBEN WD/O DAMJIBHAI ALIAS DAMLABHAI RAHIABHAI
                               VASAVA
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Appearance:
MR. RAHUL R DHOLAKIA(6765) for the Appellant(s) No. 1
for the Defendant(s) No. 1,5,6
NISHIT A BHALODI(9597) for the Defendant(s) No. 2,3,4
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                               Date : 04/03/2021

                                ORAL ORDER

ORDER IN FIRST APPEAL :

Heard learned Advocate Shri Rahul R. Dholakia for the appellant and learned Advocate Shri Nishit A. Bhalodi for the respondent Nos.2 to 4.

Admit. Learned Advocate Shri Nishit Bhalodi waives service of Notice of admission on behalf of the respondent Nos.2 to 4.

ORDER IN CIVIL APPLICATION :

Heard learned Advocate Shri Rahul R. Dholakia for the applicant and learned Advocate Shri Nishit A. Bhalodi for the respondent Nos.2 to 4.

C/FA/967/2021 ORDER

By way of this application, the applicant seeks to stay the implementation, execution and operation of the judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Narmada at Rajpipla, in MACP No.228 of 2016 dated 25.10.2019.

Considering the submissions made by the learned Advocate for the applicant, the impugned judgment and award is stayed on condition that the applicant shall deposit the entire awarded amount along with interest and costs before the learned Tribunal within 6 weeks from today. After said amount is deposited, 30% of the said amount shall be disbursed in favour of respondent Nos.1 to 4 - original claimants by A/c. Payee Cheque only after due verification. Remaining 70% amount shall be invested in Fixed Deposit Receipt in any Nationalized Bank initially for a period of 3 years and shall be renewed as and when necessary till final disposal of the appeal. The original Fixed Deposit Receipt shall be retained with the Nazir of the concerned Tribunal. Respondent Nos.1 to 4 - original claimants shall be entitled for periodical interest.

Civil Application is partly allowed.

(NIKHIL S. KARIEL,J) Y.N. VYAS