Gujarat High Court
United India Insurance Co.Ltd vs Idrishbhai Anvarkhan Pathan on 10 March, 2021
Bench: Nikhil S. Kariel
C/FA/2476/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2476 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/FIRST APPEAL NO. 2476 of 2020
With
CIVIL APPLICATION (FOR PRODUCTION OF ADDITIONAL EVIDENCES)
NO. 2 of 2020
In R/FIRST APPEAL NO. 2476 of 2020
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UNITED INDIA INSURANCE CO.LTD
Versus
IDRISHBHAI ANVARKHAN PATHAN
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2
MAITRI P PATEL(8126) for the Defendant(s) No. 4,5,6
NOTICE SERVED(4) for the Defendant(s) No. 3
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/03/2021
ORAL ORDER
Order under First Appeal No. 2476 of 2020
Heard learned advocate Mr. Vibhuti Nanavati for the
appellant and learned advocate Ms. Maitri P Patel for the
respondent nos. 4 to 6- original claimants.
ADMIT.
Order under Civil Application No. 1 of 2020
Heard learned advocate Mr. Vibhuti Nanavati for the
appellant and learned advocate Ms. Maitri P Patel for the
respondent nos. 4 to 6- original claimants.
C/FA/2476/2020 ORDER
Vide order dated 03.12.2020, this Court (Coram: Bhargav D
Karia, J) had issued notice in the civil application and today it is
informed by learned advocate for the appellant-Insurance Co. Ltd
that the entire amount ordered by the learned tribunal along with
costs and interest have been deposited with the concerned
tribunal.
Learned advocate Ms. Patel on behalf of the original-
claimants submits that since the entire amount is deposited. This
Court may consider for passing orders in favour of respondent nos.
4 to 6 original-claimants.
Considering the same, learned tribunal is directed to
disburse 30% of the entire deposited amount in favour of
respondent no. 4 to 6 herein original-claimants, after due
verification, as regards to the remaining 70% of the deposited
amount, the same shall be invested in cumulative fixed deposit with
any nationalized bank initially for a period of three years to be
renewed from time to time, till the final disposal of the First
Appeal. The fixed deposit receipt shall be kept in the safe custody
with the Nazir of the Tribunal.
The impugned judgment and award dated 17.07.2019 passed
by the MAC Tribunal (Auxi.) in MACP No. 522/2008, shall remain
stayed till the final disposal of the First Appeal.
With the above discretion, the present application stands
allowed.
Order under Civil Application No. 2 of 2020
Heard learned advocate Mr. Vibhuti Nanavati for the
appellant and learned advocate Ms. Maitri P Patel for the
respondent nos. 4 to 6- original claimants.
By way of this application, the applicant has prayed for
permission to produce additional evidence in terms of the policy
C/FA/2476/2020 ORDER
schedule with the terms and conditions in receipt of the vehicle
bearing registration No. GJ-13B-7941 for a period between
04.11.2008 to 03.11.2009.
Learned advocate Ms. Patel on behalf of the respondent nos.
4to 6 original-claimants does not objected to the same.
Considering the same, the present application stands
allowed. The applicant is permitted to produce policy schedule with
terms and conditions in respect of vehicle bearing registration No.
GJ-13B- 7941 (Policy-cum-certificate No. VP00415600000100); for
a period between 04.11.2008 to 03.11.2009, on record of the First
Appeal No. 2476 of 2020.
With the above direction, the present application stands
allowed and disposed of accordingly.
(NIKHIL S. KARIEL,J)
Radhika
