Icici Lombard General Insurance ... vs Akoben Kiranbhai Bhuriya
2021 Latest Caselaw 3925 Guj

       C/FA/1938/2020                                    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. 1938 of 2020
==========================================================

AKOBEN KIRANBHAI BHURIYA Versus MAHEBUB ISMAIL KESARI ========================================================== Appearance:

MR VIJAL P DESAI 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 : 08/03/2021

IA ORDER

1. Heard learned advocate Mr. Vijal P. Desai on behalf of the

applicant and learned advocate Mr. Chirayu Mehta on behalf of

respondent No.3 - insurance company.

2. By way of this application, the applicant prays for

disbursement of the amount awarded by the learned MAC

Tribunal (Aux.), Limkheda in MACP No.1875/2017 dated

09.01.2020

3. Learned advocate Mr. Vijal Desai on behalf of the

applicant points out that in Civil Application No.1/2020 in the

C/FA/1938/2020 IA ORDER

First Appeal vide order dated 14.10.2020, co-ordinate bench of

this Court (Coram: Bela M. Trivedi, J) has directed to deposit

the entire amount as a condition for staying the impugned

judgment and award. He further submits that the entire

amount has been deposited with this Court. Considering the

same, the learned Tribunal shall disburse the 30% of the

amount in favour of the applicant herein after proper

verification and as far as the remaining 70% is concerned, the

same shall be deposited in a fixed deposit account with a

nationalised bank and whereas the receipts of the fixed

deposit shall be retained with the Nazir of the concerned Court.

Applicant shall be entitled for periodical interest to be renewed

till final disposal of the appeal

4. With this direction, the application is disposed of as

allowed.

(NIKHIL S. KARIEL,J) MAYA S. CHAUHAN