Sbi General Insurance Co Ltd vs Mittalben Vinubhai Vankar
2021 Latest Caselaw 3860 Guj

               C/FA/2675/2020                           ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/FIRST APPEAL NO. 2675 of 2020

                             With
     CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/FIRST APPEAL NO. 2675 of 2020
============================================
              SBI GENERAL INSURANCE CO LTD
                             Versus
               MITTALBEN VINUBHAI VANKAR
============================================
Appearance:
MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1
MR PARESH M DARJI(3700) for the Defendant(s) No. 1
RULE SERVED(64) for the Defendant(s) No. 2,3,4,5,6
============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 05/03/2021

                                 ORAL ORDER

Heard learned Advocate Ms. Kirti S. Pathak for the applicant, learned Advocate Shri Paresh M. Darjit for the respondent No.1 and learned Advocate J.V. Vaghela for respondent No.4.

Vide order dated 04.01.2021, this Court (Coram: V.D. Nanavati, J.) had issued Rule making it returnable on 05.03.2021 and whereas impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi), Kheda at Nadiad, in MACP No.1267 of 2013 was stayed on condition that the appellant Insurance Company shall deposit the entire awarded amount as determined by the learned Tribunal.

Today, learned Advocate Ms. Pathak submitted that as per the order of this Court, the entire amount is deposited.

C/FA/2675/2020 ORDER

Learned Advocate Shri Paresh M. Darji submits that he has instructions to appear on behalf of the original claimants and he further submits that since the amount awarded by the learned Tribunal is already deposited, therefore, this Court may pass appropriate order.

Considering the same, learned Tribunal shall disburse 30% of the entire amount deposited by the applicant to the claimant i.e. respondent No.1 herein by A/c. Payee Cheque after proper verification and remaining 70% amount shall be deposited in Fixed Deposit Receipt in any Nationalized Bank initially for a period of 3 years and thereafter, the same shall be renewed time to time till final disposal of the appeal. The original Fixed Deposit Receipt shall be retained by the Nazir of the concerned Tribunal. The original claimant shall be entitled for periodical interest accrued on Fixed Deposit.

Accordingly present Civil Application stands allowed. Rule made absolute.

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