Reliance General Insurance Co Ltd vs Minor Nimit Kamleshbhai Panchal
2021 Latest Caselaw 4260 Guj

        C/FA/455/2020                              IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 455 of 2020
==========================================================

MINOR NIMIT KAMLESHBHAI PANCHAL Versus RELIANCE GENERAL INSURANCE CO LTD ========================================================== Appearance:

SHIVAM D PARIKH for the PETITIONER(s) No. MR RATHIN P RAVAL for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 16/03/2021 IA ORDER

1. Heard learned advocate Mr. Shivam D. Parikh on behalf of

the applicant and learned advocate Mr. Rathin P. Raval on

behalf of the respondent - insurance company.

2. By way of this application, the applicant seeks appropriate

directions for disbursement / investment of the awarded

amount in MACP No.667/2009 vide judgment and Decree

dtd. 27.09.2019 by the MACT, Nadiad.

3. Learned advocate Mr. Parikh on behalf of the applicant

points out that vide an order dtd. 4/02/2020, co-ordinate bench

of this Court (Coram: N. V. Anjaria, J.) had admitted the First

Appeal and granted stay on the operation and implementation

C/FA/455/2020 IA ORDER

of the impugned order and award dated 27.09.2019 in the civil

application subject to the condition that the appellant deposits

entire awarded amount with costs and interest before the

Tribunal before the returnable date.

4. Learned advocate Mr. Parikh on behalf of the applicants

informs this Court that the insurance company has deposited

the entire amount. He further submits that in view thereof, this

Court may pass appropriate orders for disbursement.

5. Considering the same, the learned Tribunal shall disburse

the 30% of the amount in favour of the applicants - original

claimants herein after proper verification and as far as the

remaining 70% is concerned, the same shall be deposited in a

cumulative fixed deposit account with any nationalised bank

initially for a period of 3 years and whereas the original

receipts of the fixed deposit shall be retained with the Nazir of

the concerned Court. The fixed deposit receipts shall be

renewed from time to time till final disposal of the appeal.

6. With these observations and directions, the application is

disposed of as allowed.

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