Future General Insurance Co Ltd vs Sunitaben Kishanbhai Tadvi
2021 Latest Caselaw 4056 Guj

               C/FA/5743/2019                           IA ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


      CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
            In R/FIRST APPEAL NO. 5743 of 2019
============================================

FUTURE GENERAL INSURANCE CO LTD Versus SUNITABEN KISHANBHAI TADVI ============================================ Appearance:

for the PETITIONER(s) No. MR GC MAZMUDAR for the PETITIONER(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. UNSERVED EXPIRED (R) for the RESPONDENT(s) No. ============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 10/03/2021

IA ORDER

Heard learned Advocate Shri HG Mazmudar on behalf of the applicant and learned Advocate Shri Nishit Bhalodi on behalf of respondents no. 1 to 5- original claimants.

It appears that vide order dated 10.02.2020, this Court while admitting the first appeal had directed the stay of operation, implementation and execution of the judgement and award dated 04.07.2019 passed by the learned Motor Accident Claims Tribunal ( Main), Narmada at Rajpipla in Motor Accident Claim Petition No. 301 of 2015 on condition that applicant shall deposit the entire awarded amount together with the cost and interest before the concerned Tribunal before the returnable date. Thereafter it appears that the entire amount had been deposited where-after the original claimants had approached this Court by preferring Civil Application ( For

C/FA/5743/2019 IA ORDER

withdrawal / disbursement) of Amount) No. 1 of 2020 praying for disbursement of the amount deposited and whereas this Court ( Coram: Ms. Justice Vaibhavi D. Nanavati) disposed of the said application vide order dated 24.02.2021 by directing the 30% withdrawal /disbursement of the deposited amount in favour of the original claimants and whereas direction was also issued for investment of remaining 70%. of the deposited amount.

Considering the same, it is ordered that the impugned judgment and award dated 04.07.2019 passed by the learned Motor Accident Claims Tribunal ( Main), Narmada at Rajpipla in Motor Accident Claim Petition No. 301 of 2015 shall remain stayed till the final disposal of the appeal.

With the above terms, civil application is disposed of. Rule is made absolute to the above extent.

(NIKHIL S. KARIEL,J) niru