Owner Of St Bus No. Gj. 18.V.9242 vs Patel Shardaben Babubhai
2021 Latest Caselaw 4170 Guj

                 C/FA/2005/2019                         ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                 R/FIRST APPEAL NO. 2005 of 2019

                          With
                 CIVIL APPLICATION (FOR
WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1 of
                           2021
            In R/FIRST APPEAL NO. 2005 of 2019
                          With
     CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
            In R/FIRST APPEAL NO. 2005 of 2019
============================================
              OWNER OF ST BUS NO. GJ. 18.V.9242
                          Versus
                PATEL SHARDABEN BABUBHAI
============================================
Appearance:
MRS FALGUNI D PATEL(2053) for the Appellant(s) No. 1
for the Defendant(s) No. 2
MR HARSHAD K PATEL(2844) for the Defendant(s) No. 6
MR YOGI K GADHIA(5913) for the Defendant(s) No. 7
MR. YOGENDRA THAKORE(3975) for the Defendant(s)
                                       No. 1,3,4
NOTICE SERVED(4) for the Defendant(s) No. 5
============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                  Date : 15/03/2021

                                   ORAL ORDER

Heard learned Advocate Ms. F.D. Patel for the appellant, learned Advocate Shri Yogi K. Gadhia for respondent No.7 and learned Advocate Shri Yogendra Thakore for respondent Nos.1,3 and 4.

ADMIT. Learned Advocate Shri Gadhia waives service of notice of admission on behalf of the respondent No.7 and learned Advocate Shri Thakore waives service of notice of admission on behalf of the respondent Nos.1,3 and 4.

C/FA/2005/2019 ORDER

CIVIL APPLICATION NO.1 of 2021 :

Heard learned Advocate Shri Yogendra Thakore for the applicants, learned Advocate Shri Gadhia for respondent No.4 and learned Advocate Ms. F.D. Patel for respondent No.2.

Learned Advocate Shri Thakore submits that vide order dated 02.05.2019 (Coram: Paresh Upadhyay, J.), while staying the impugned judgment and award, had directed the applicant to deposit entire awarded amount with the learned Tribunal before the returnable date. Learned Advocate further submits that the said order has been complied with and whereas the entire amount with costs and interest has been deposited by the appellant before the learned Tribunal. He, therefore, requests that this Court may pass an appropriate orders for disbursement / investment of the amount in question.

This application is strongly opposed by learned Advocate Ms. F.D. Patel, who submits that since the learned Tribunal has clearly held that bus owned by the appellant Corporation was not the cause of the of the accident in question, therefore, no disbursement order is warranted at this stage.

Having heard learned Advocates for the parties, this Court is of the opinion that the questions that are raised in Appeal would be decided by this Court at the stage of final hearing of the Appeal, but till such time, the original claimants cannot be made bereft the amount, which has been awarded by the learned Tribunal in their favour. Furthermore, since the Insurance Company is already before this Court, therefore, the appellant - Corporation is sufficiently indemnified and a balance would have to be found to ensure that the equities of both the sides are care of.

In view of the matter, learned Tribunal is directed to disburse 30%

C/FA/2005/2019 ORDER

of the entire deposited amount in favour of the original claimants as per the ratio of apportionment as directed by the learned Tribunal and as regards 70% of the awarded amount, the same shall be invested in Fixed Deposit Receipt in any Nationalized Bank for a period of 3 years and thereafter, the same shall be renewed from time to time till final disposal of the appeal. The applicants shall be entitled for periodical interest. The original Fixed Deposit Receipt shall be retained with the Nazir of the concerned Tribunal.

With this observation and direction, present Civil Application stands disposed of.

CIVIL APPLICATION No.2 of 2018 :

Heard learned Advocate Ms. F.D. Patel for the applicant, learned Advocate Shri Yogi K. Gadhia for respondent No.7 and learned Advocate Shri Yogendra Thakore for respondent Nos.1,3 and 4.

In view of the order for disbursement / investment has been passed by this Court in Civil Application No.1 of 2021 preferred by the original claimants, the impugned judgment and award shall remain stayed till final disposal of the First Appeal.

In view of above, present Civil Application stands disposed of.

(NIKHIL S. KARIEL,J) Y.N. VYAS