Reliance General Ins Co Ltd vs Chhatrasinh Khumansinh Rathva
2021 Latest Caselaw 4164 Guj

       C/FA/2418/2020                                IA ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


            CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                 In R/FIRST APPEAL NO. 2418 of 2020
==========================================================

RELIANCE GENERAL INS CO LTD Versus CHHATRASINH KHUMANSINH RATHVA ========================================================== Appearance:

for the PETITIONER(s) No. MR MAULIK J SHELAT for the PETITIONER(s) No. CHETANKUMAR K SHAH for the RESPONDENT(s) No. RULE NOT RECD BACK for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 15/03/2021

IA ORDER

1. Heard learned advocate Mr. Maulik J. Shelat on behalf of

the applicant/appellant and learned advocate Mr. Chetankumar

K. Shah on behalf of opponent No.1 - original claimant.

2. Vide an order dated 10.12.2020 (Coram: Umesh A.

Trivedi, J.) has been pleased to admit the First Appeal and

whereas order passed in civil application, the impugned

judgment and award had been stayed on condition that the

applicant insurance company deposits the entire awarded

amount with costs and interest with the concerned Tribunal

before the returnable date.

C/FA/2418/2020 IA ORDER

3. Today, learned advocate Mr. Shelat on behalf of the

applicant informs this Court that the entire amount as awarded

by the learned Tribunal along with interest and cost has

already been deposited. Learned advocate Mr. Shah submits

that in view of the deposit of the amount, appropriate orders

for disbursement / investment may be passed by this Court.

4. Considering the same, learned Tribunal shall disburse

30% of the entire amount deposited by the applicant -

insurance company to the claimant after due verification and

whereas as regards the remaining 70% of the amount, the

same shall be deposited in a fixed deposit account with any

Nationalized Bank initially for a period of 3 years and extended

from time to time till final disposal of the present appeal. The

claimant shall also be entitled for periodical interest. The

original FDR's to be retained by the Nazir of the concerned

Tribunal. In view of the order of disbursement and investment,

the impugned judgment and award passed in MACP

No.1199/2017 dated 08.11.2019 by the learned MACT (Auxi.)

Panchmahal at Halol shall remain stayed till final disposal of

the present appeal.

5. With these observations and directions, the present

C/FA/2418/2020 IA ORDER

application stands allowed.

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