Icici Lombard General Insurance ... vs Kalubhai Keshubhai Mer (Ko Patel)
2021 Latest Caselaw 4271 Guj

           C/FA/69/2020                                     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. 69 of 2020
==========================================================

MUKESHBHAI KESHUBHAI MER (KO.PATEL) Versus ICICI LOMBARD GENERAL INSURANCE CO LTD ========================================================== Appearance:

for the PETITIONER(s) No. MR MAULIK J SHELAT for the PETITIONER(s) No. MR CHIRAYU A MEHTA for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 16/03/2021 IA ORDER

1. Heard learned Advocate Mr. Maulik Shelat for the applicants and learned Advocate Mr.Chirayu Mehta for the opponent No.1-Insurance Company.

2. The applicants are the legal heirs of the original claimant, who have filed the present application seeking disbursement of the awarded amount in their favour.

3. Vide order dated 20.01.2020 this Court (Coram : N.V. Anjaria, J) had directed stay of operation and implementation of the impugned judgment and award dated 12.06.2019 passed by learned 2nd Additional District and Sessions Judge, Ahmedabad (Rural) at Mirzapur in M.A.C. Petition No.1790 of 2007 on condition that entire amount awarded by the Tribunal along with interest and costs be deposited before the next returnable date.

4. Learned Advocate Mr. Shelat submits that in compliance of the

C/FA/69/2020 IA ORDER

aforesaid order dated 20.01.2020, the entire amount as awarded by the Tribunal along with interest and costs has been deposited with the Tribunal, therefore he requests that appropriate order for disbursement may be passed by this Court.

5. Considering the same, the learned Tribunal shall disburse 30% of the entire awarded amount in favour of applicants 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 accrued on the said FDR. The original Fixed Deposit Receipt shall be retained with the Nazir of the concerned Tribunal.

6. With the above observations and directions, this application is disposed of.

Direct service is permitted.

(NIKHIL S. KARIEL,J) BDSONGARA