Sbi General Insurance Company ... vs Regal Shipping Pvt Ltd
2021 Latest Caselaw 4376 Guj

           C/FA/33/2021                                             IA ORDER



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                  CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                          In R/FIRST APPEAL NO. 33 of 2021
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SBI GENERAL INSURANCE COMPANY LIMITED Versus REGAL SHIPPING PVT LTD ========================================================== Appearance:

for the PETITIONER(s) No. MR VIBHUTI NANAVATI for the PETITIONER(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 18/03/2021 IA ORDER

Heard Mr.Vibhuti Nanavati, learned advocate for the applicant - Insurance Company and Mr.N.A.Bhalodi, learned advocate for the respondent nos.2 to 7 - original claimants. Though served, none appears for the respondent no.1.

By way of this application, the applicant prays for staying implementation, operation and execution of the impugned judgment and award passed by the Motor Accident Claims Tribunal (Main), Kachchh, Bhuj in Motor Accident Claims Petition No.247 of 2014, dtd.15.06.2020.

By order dated 12.01.2021, this Court (Corum :- Mrs.Justice V.D.Nanavati) had directed staying of the impugned judgment and award on a condition that the entire amount of liability be deposited with the concerned tribunal.

C/FA/33/2021 IA ORDER

Mr.Vibhuti Nanavaty, learned advocate for the applicant has informed this Court that the order dated 12.01.2021 has been complied with and the entire amount has been deposited. He has further submitted that in the facts of the present case, since the Insurance Company has challenged the award mainly on the quantum part, while out of the total amount awarded by the learned tribunal being Rs.18,67,000/-, this Court may direct depositing of the disputed amount being Rs.10,58,400/- and whereas, the remaining undisputed amount may be disbursed as per the discretion of this Court.

On the other hand, Mr.N.A.Bhalodi, learned advocate has submitted that this Court may pass the regular order of disbursing 30% and deposit the remaining 70% amount and permit the claimants to withdraw periodical interest.

Considering the submissions made by the learned advocates for the respective parties, this Court is of the considered opinion that to meet the ends of justice and to achieve balance rights of both the parties, the following order can be passed.

(I) Learned tribunal shall disburse 30% of the entire awarded amount to the respondent nos.2 to 7 herein - original claimants in the ratio of apportionment

C/FA/33/2021 IA ORDER

as fixed by the learned tribunal and so far as the remaining 70% amount is concerned, the same shall be deposited in cumulative fixed deposit with any national bank for a period of three years and renewable from time to time till final disposal of the present appeal.

(II) The Original of the Fixed Deposit Receipt shall be retained by the Nazir of the concerned tribunal. The Tribunal shall follow the procedure and verify the identity of the recipients while disbursing the amount.

(III) Liberty is reserved in favour of the original claimants to approach this Court for modification, if required.

With the above observations and directions, the impugned judgment and award passed by the Motor Accident Claims Tribunal (Main), Kachchh, Bhuj in Motor Accident Claims Petition No.247 of 2014, dtd.15.06.2020 shall remain stayed till final disposal of the first appeal. The application is allowed accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted.

          C/FA/33/2021                      IA ORDER



                                      (NIKHIL S. KARIEL,J)
MOHMMEDSHAHID