Gujarat High Court
Iffco Tokio General Insurance ... vs Chandrakantbhai Dayaljibhai ... on 17 March, 2021
Bench: Nikhil S. Kariel
C/FA/2594/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2594 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/FIRST APPEAL NO. 2594 of 2020
With
CIVIL APPLICATION (FOR
WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1 of
2021
In R/FIRST APPEAL NO. 2594 of 2020
============================================
IFFCO TOKIO GENERAL INSURANCE CO.LTD.
Versus
CHANDRAKANTBHAI DAYALJIBHAI NALIYAPARA
============================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR MAULIK J SHELAT(2500) for the Defendant(s) No. 1
NOTICE UNSERVED(8) for the Defendant(s) No. 2
============================================
CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 17/03/2021
ORAL ORDER
ORDER IN FIRST APPEAL NO.2594 of 2020 :
Heard learned Advocate Shri Rathin Raval for the appellant and
learned Advocate Shri Maulik J. Shelat for the respondent No.1.
ADMIT. Learned Advocate Shri Maulik J. Shelat waives service of
notice of admission on behalf of the respondent No.1.
C/FA/2594/2020 ORDER
ORDER IN CIVIL APPLICATION NO.1 of 2021 :
Heard learned Advocate Shri Maulik J. Shelat for the applicant and
learned Advocate Shri Rathin Raval for the respondent.
Vide order dated 21.02.2021, this Court (Coram: Biren Vaishnav, J.)
had been pleased to issue Rule and had issued direction for staying the
impugned judgment and award on condition that the applicant - Insurance
Company shall deposit the entire awarded amount by next returnable date.
Learned Advocate Shri Shelat submits that entire awarded amount
had been deposited and whereas he submits that the appropriate order of
disbursement / investment of the deposited amount may be passed by this
Court.
Considering the submissions of learned Advocate Shri Shelat, learned
Tribunal shall disburse 30% of the amount deposited to the original
claimant by A/c. Payee Cheque after due and proper verification. In so far
as remaining 70% of the awarded amount is concerned, the same shall be
deposited in the Fixed Deposit Receipt in 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. Original Fixed Deposit Receipt shall be
retained by the Nazir of the concerned Tribunal. The original claimant shall
be entitled for periodical interest.
With this observation and direction, present Civil Application stands
disposed of.
CIVIL APPLICATION NO.1 of 2020 :
Heard learned Advocate Shri Rathin Raval for the applicant and
C/FA/2594/2020 ORDER
learned Advocate Shri Maulik J. Shelat for the respondent No.1.
As per order dated 21.02.2021 of this Court, the entire awarded
amount having been deposited by the applicant Insurance Company. The
original claimant has preferred Civil Application for disbursement and
whereas today, this Court has passed the order for disbursement /
investment.
In this view of the matter, the impugned judgment and award passed
by the learned Motor Accident Claims Tribunal (Special), Rajkot, in MACP
No.850 of 2017 dated 29.11.2019 shall remain stayed till final disposal of the
First Appeal.
With this observation and direction, present Civil Application stands
disposed of.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
