Gujarat State Road Transport ... vs Lh Of Monti Alias Eldof Sadgunbhai ...
2021 Latest Caselaw 4326 Guj

                 C/FA/1125/2021                           ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/FIRST APPEAL NO. 1125 of 2021
                               With
         CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
               In R/FIRST APPEAL NO. 1125 of 2021
===============================================
         GUJARAT STATE ROAD TRANSPORT CORPORATION
                               Versus
        LH OF MONTI ALIAS ELDOF SADGUNBHAI MEKWAN
===============================================
Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2
MR A R DWIVEDI(11319) for the Defendant(s) No. 1.1,1.2
MR R G DWIVEDI(6601) for the Defendant(s) No. 1.1,1.2
===============================================

 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                  Date : 17/03/2021

                                   ORAL ORDER

Heard learned Advocate Shri Rituraj M. Meena on behalf of the appellant- applicant and learned Advocate Shri Dwivedi on behalf of the opponents no.1.1 and 1.2- original claimants.

ADMIT. Learned Advocate Shri Dwivedi waives service of notice of admission on behalf of opponents no. 1.1. and 1.2.

CIVIL APPLICATION (FOR STAY) NO. 1 of 2020

Heard learned Advocate Shri Rituraj M. Meena on behalf of the -applicant and learned Advocate Shri Dwivedi on behalf of the opponents no.1.1 and 1.2- original claimants.

By way of present application, the applicant has prays for stay of

C/FA/1125/2021 ORDER

implementation, execution and operation of the judgement and award dated 30.04.2019 passed by the learned Motor Accident Claims Tribunal (Auxi), Vadodara in Motor Accident Claim Petition No. 1324 of 2011.

Learned Advocate Shri Dwivedi submits that entire amount has been deposited by the applicant-Corporation and whereas he submits that this Court may pass appropriate orders for disbursement. Furthermore, he submits that since the appeal is filed only on the limited ground therefore instead of usual order of disbursement of 30%, this Court may permit the disbursement of 50% .

Having heard the learned Advocates for the parties and having perused the averments made in the appeal, it is directed that 50% of the deposited amount shall be disbursed/paid to the claimant/s by an account payee cheque drawn in the name of the claimant/s alone and shall be handed over to the claimant in person on due verification by the learned Tribunal and 50% of the awarded amount shall be invested in the Fixed Deposit in any Nationalized Bank initially for a period of three years to be renewed from time to time periodically, till the final disposal of the appeal. The Fixed Deposit Receipt shall be kept in the safe custody with the Nazir of the Tribunal. The claimaints shall be entitled for the periodical interest.

In view of the order above, the impugned judgment and award passed by the learned Motor Accident Claim Tribunal (Auxi), Vadodara in Motor Accident Claim Petition No. 1324 of 2011 dated 30.04.2019 shall remain stayed till the final disposal of the appeal.

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

(NIKHIL S. KARIEL,J)

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