United India Insurance Company ... vs Bhagaram Mukanaji Jat Chaudhary
2021 Latest Caselaw 4046 Guj

           C/FA/39/2020                                       ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 39 of 2020
                                    With
                 CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                       In R/FIRST APPEAL NO. 39 of 2020
                                    With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1 of 2021
                       In R/FIRST APPEAL NO. 39 of 2020
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      UNITED INDIA INSURANCE COMPANY LIMITED, PALANPUR
                            Versus
              BHAGARAM MUKANAJI JAT CHAUDHARY
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR KAASH K THAKKAR, ADVOCATE for MR KK THAKKAR(2834) for the Defendant(s) No.
3,4,5,6,7,8,9
NOTICE NOT RECD BACK(3) for the Defendant(s) No. 2
NOTICE SERVED(4) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
                    Date : 10/03/2021
                     ORAL ORDER

ORDER IN R/FIRST APPEAL NO. 39 of 2020 :

Heard learned Advocate Mr. Vibhuti Nanavati for the appellant and learned Advocate Mr. Kaash K. Thakkar for learned Advocate Mr. K.K. Thakkar for the defendant Nos. 3 to 9-original claimants.

Considering the submissions made by learned Advocates for the parties, the Appeal is ADMITTED. Learned Advocate Mr. Kaash K. Thakkar waives notice of admission on behalf of the defendant Nos. 3 to 9- original claimants.

ORDER IN CIVIL APPLICATION (FOR WITHDRAWAL/ DISBURSEMENT OF AMOUNT) NO. 1 of 2021 In R/FIRST APPEAL NO. 39 of 2020 :

1. Heard learned Advocate Mr. Kaash K. Thakkar for learned Advocate Mr. K.K. Thakkar for the applicants-original claimants and learned Advocate Mr.Vibhuti Nanavati for the opponent No.3-Insurance Company.

C/FA/39/2020 ORDER

2. Vide order dated 08.01.2020 this Court (Coram : N.V. Anjaria, J) had directed stay of operation, implementation and execution of the impugned judgment and award dated 27.08.2019 passed by M.A.C. Tribunal (Auxiliary) and 6th Additional District Judge, Banaskantha at Palanpur in M.A.C. Petition No.156 of 2017 on condition that entire amount awarded by the Tribunal along with interest and cost be deposited.

3. Learned Advocate Mr. Kaash Thakkar submits that in compliance of the aforesaid order dated 08.01.2020, the entire amount as awarded by the Tribunal along with interest and cost has been deposited with the Tribunal, therefore he requests that this Court may disburse the same in favour of the applicants.

4. Considering the same, the learned Tribunal shall disburse 30% of the entire awarded amount in favour of applicants-original claimants by A/c. Payee Cheque only, after due verification and as per apportionment directed by the Tribunal. As far as the remaining 70% amount is concerned, the same shall be invested in Fixed Deposit Receipt in any Nationalized Bank initially for a period of 3 years and shall be renewed from time to time till final disposal of the Appeal and whereas the applicants shall be entitled for periodical interest upon the same. The original Fixed Deposit Receipt shall be retained with the Nazir of the concerned Tribunal.

5. With the above observations and directions, this application is disposed of.

ORDER IN CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/FIRST APPEAL NO. 39 of 2020 :

1. Heard learned Advocate Mr. Vibhuti Nanavati for the applicant and learned Advocate Mr. Kaash K. Thakkar for learned Advocate Mr. K.K. Thakkar for the opponent Nos.3 to 9-original claimants.

C/FA/39/2020 ORDER

2. Learned Advocate Mr. Vibhuti Nanavati informs that in compliance of the order dated 08.01.2020, the entire awarded amount along with interest and cost is deposited with the concerned Tribunal.

3. Further in Civil Application No. 1 of 2021 preferred by the claimants, orders for disbursement/investment had been passed.

4. Considering the same, the impugned judgment and award dated 27.08.2019 passed by M.A.C. Tribunal (Auxiliary) and 6th Additional District Judge, Banaskantha at Palanpur in M.A.C. Petition No.156 of 2017 shall remain stayed till final disposal of the Appeal.

5. With the above observation, this application is disposed of.

(NIKHIL S. KARIEL,J) BDSONGARA