National Insurance Co Ltd vs Panchabhai Ganeshbhai Kakadiya
2021 Latest Caselaw 4169 Guj

         C/FA/5303/2019                                    IA ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                In R/FIRST APPEAL NO. 5303 of 2019
                               With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 5303 of 2019
==========================================================

NATIONAL INSURANCE CO LTD Versus PANCHABHAI GANESHBHAI KAKADIYA ========================================================== Appearance:

for the PETITIONER(s) No. MR DAKSHESH MEHTA for the PETITIONER(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 15/03/2021 IA ORDER

ORDER IN CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1 of 2021 In R/FIRST APPEAL NO. 5303 of 2019 :

1. Heard learned Advocate Mr.Nishit Bhalodi for the applicants-original claimants and learned Advocate Mr.Dakshesh Mehta for the opponent No.3-Insurance Company.

2. Vide order dated 07.01.2020 this Court (Coram : N.V. Anjaria, J) had directed stay of operation and implementation of the impugned judgment and award dated 08.02.2019 passed by M.A.C. Tribunal (Auxiliary) Bhavnagar at Mahuva in M.A.C. Petition No.657 of 2015 on condition that the appellant deposits the entire awarded amount along with interest and costs before the next returnable date.

3. Learned Advocate Mr. Nishit Bhalodi submits that in compliance of

C/FA/5303/2019 IA ORDER

the aforesaid order dated 07.01.2020, 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 pass appropriate order for disbursement of the amount 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. 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 said FDR. 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.

CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/FIRST APPEAL NO. 5303 of 2019 :

1. Heard learned Advocate Mr. Dakshesh Mehta for the applicant- Insurance Company and learned Advocate Mr. Nishit Bhalodi for the opponent Nos.1 to 4-original claimants.

2. Learned Advocate Mr. Dakshesh Mehta informs that in compliance of the order dated 07.01.2020, 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.

C/FA/5303/2019 IA ORDER

4. Considering the same, the impugned judgment and award dated 08.02.2019 passed by M.A.C. Tribunal (Auxiliary) Bhavnagar at Mahuva in M.A.C. Petition No.657 of 2015, shall remain stayed till final disposal of the Appeal.

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

(NIKHIL S. KARIEL,J) BDSONGARA