Iffco Tokio Gen Ins Co Ltd vs Shantadevi Alias Shantaben ...
2021 Latest Caselaw 4172 Guj

               C/FA/3944/2019                            ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/FIRST APPEAL NO. 3944 of 2019

                             With
     CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
            In R/FIRST APPEAL NO. 3944 of 2019
                             With
                 CIVIL APPLICATION (FOR
WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1 of
                             2020
            In R/FIRST APPEAL NO. 3944 of 2019
============================================
                IFFCO TOKIO GEN INS CO LTD
                             Versus
SHANTADEVI ALIAS SHANTABEN AMBARAM PUROHIT(DAVE)
============================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR JV VAGHELA(5809) for the Defendant(s) No. 1,2,3,4
MR NIRAD D BUCH(4000) for the Defendant(s) No. 5
MRS. BHAVINI N. BUCH(5403) for the Defendant(s) No. 5
RULE SERVED(64) for the Defendant(s) No. 6
============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 15/03/2021

                                 ORAL ORDER

Heard learned Advocate Shri Rathin Raval for the appellant, learned Advocate Shri Nirad Buch for the respondent No.5, learned Advocate Shri J.V. Vaghela for the respondent Nos.1, 3 and 4 - original claimants.

ADMIT.

CIVIL APPLICATION No.1 of 2020 :

Heard learned Advocate Shri J.V. Vaghela for the applicants, learned

C/FA/3944/2019 ORDER

Advocate Shri Nirad Buch for respondent No.2 and learned Advocate Shri Rathin Raval for the respondent No.1.

Learned Advocate Shri Vaghela submits that vide an order dated 13.09.2019, this Court (Coram: A.S. Supehia, J.) had stayed the impugned judgment and award on condition that the applicant Company shall deposit the awarded amount with the Tribunal before the returnable date. Learned Advocate Shri Vaghela submits that said awarded amount was deposited with the learned Tribunal. He further submits that in view of the fact that entire amount deposited, appropriate order for disbursement / investment may be passed by this Court.

Considering the submissions of the learned Advocate Shri Vaghela, 30% of the entire awarded amount in the ratio of apportionment as directed by the learned Tribunal shall be paid to the original claimants by Account Payee Cheque after proper verification and whereas 70% of the awarded amount be invested in cumulative Fixed Deposit Receipt with any Nationalized Bank initially for a period of 3 years and thereafter, the same shall be renewed from time to time till final disposal of the appeal. The original Fixed Deposit Receipt shall retain with the Nazir of the concerned Tribunal.

With this observation and direction, present application stands disposed of.

CIVIL APPLICATION No.1 of 2019 :

Heard learned Advocate Shri Rathin Raval for the appellant, learned Advocate Shri Nirad Buch for the respondent No.5, learned Advocate Shri J.V. Vaghela for the respondent Nos.1,3 and 4 - original claimants.

C/FA/3944/2019 ORDER

Vide order dated 13.09.2019, this Court has stayed the impugned judgment and award and as per direction, the entire awarded amount has been deposited with the learned Tribunal. Furthermore today, in an application filed by the claimants, this Court has passed orders for disbursement / investment of the amount deposited.

Considering the same, impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Banaskantha at Palanpur, in MACP No. 9 of 2017 dated 24.10.2018 shall remain stayed till final disposal of the First Appeal.

With this observation and direction, present application stands disposed of.

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