The New India Assurance Co.Ltd. vs Legal Heirs Of Deceased Damrabhai ...
2021 Latest Caselaw 3930 Guj

         C/FA/1970/2020                             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. 1970 of 2020
==========================================================

LEGAL HEIRS OF DECEASED DAMRABHAI GANESHBHAI RAJPUT (SOLANKI) Versus THE NEW INDIA ASSURANCE CO.LTD.

========================================================== Appearance:

MR KK THAKKAR for the PETITIONER(s) No. MR TANMAY B KARIA for the RESPONDENT(s) No. SHIVANGI D VYAS for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 08/03/2021

IA ORDER

1. Heard learned advocate Mr. Kash Thakkar on behalf of

learned advocate Mr. K. K. Thakkar for the applicants and

learned advocate Mr. Tanmay Karia on behalf of respondent -

insurance company.

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

disbursement of the amount awarded by the learned MAC

Tribunal (Auxi.), Palanpur at Banaskantha in MACP No.36 of

2018 dated 29.02.2020.

C/FA/1970/2020 IA ORDER

3. Learned advocate Mr. Kash Thakkar on behalf of the

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

First Appeal vide order dated 20.10.2020, co-ordinate bench of

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

the entire awarded amount before the Tribunal concerned 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 cumulative

fixed deposit account with any nationalised bank initially for a

period of 3 years and whereas the receipts of the fixed deposit

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

fixed deposit receipts shall be renewed from time to time till

final disposal of the appeal.

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

allowed.

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