Iffco Tokio General Insurance Co ... vs Madhusudanbhai Tulshidasbhai ...
2021 Latest Caselaw 4372 Guj

        C/FA/259/2021                                        IA ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


            CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                  In R/FIRST APPEAL NO. 259 of 2021
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IFFCO TOKIO GENERAL INSURANCE CO LTD Versus MADHUSUDANBHAI TULSHIDASBHAI JOSHI ========================================================== Appearance:

for the PETITIONER(s) No. MS KIRTI S PATHAK for the PETITIONER(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RUSHABH H MUNSHAW for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 18/03/2021

IA ORDER

Heard Ms.K.S.Pathak, learned advocate for the applicant - appellant, Mr.N.A.Bhalodi, learned advocate for the respondent nos.1 to 6 - original claimants and Mr.R.H.Munshaw, learned advocate for the respondent no.8.

Vide order dated 29.01.2021, this Court (Corum : Mrs.Justice V.D.Nanavati) had stayed the implementation, operation and execution of the impugned judgment and award passed by the Motor Accidents Claims Tribunal (Auxi.) Kachchh-Bhuj, dated 29.01.2021 in M.A.C.P.No.366 of 2010 on a condition that the applicant - Insurance Company deposits the amount of liability with the

C/FA/259/2021 IA ORDER

concerned tribunal.

Ms.K.S.Pathak, learned advocate for applicant submits before this Court that the said order is complied with and the entire awarded amount is deposited with the concerned tribunal.

Considering the same, 30 % of the awarded amount be disbursement to the present applicant and whereas as regards 70% of the awarded amount, the same shall be deposited in FDR with any nationalized bank initially for the period of three years till final disposal of the first appeal and the same shall be renewed from time to time and shall not be encased till final disposal of the appeal. Original claimant shall be entitled to claim periodical interest. The original FDR be retained by the Nazir Department of the concerned Tribunal.

With the above direction, the impugned judgment and award passed by the Motor Accidents Claims Tribunal (Auxi.) Kachchh-Bhuj, dated 29.01.2021 in M.A.C.P.No.366 of 2010 shall remain stayed till final disposal of the first appeal. The present civil application stands disposed of. Rule is made absolute to the aforesaid extent.

(NIKHIL S. KARIEL,J) MOHMMEDSHAHID