Reliance General Ins. Co. Ltd vs Pannaben Girishbhai Thakker
2021 Latest Caselaw 4377 Guj

                C/FA/258/2021                           IA ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
             In R/FIRST APPEAL NO. 258 of 2021
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RELIANCE GENERAL INS. CO. LTD Versus PANNABEN GIRISHBHAI THAKKER ============================================ Appearance:

for the PETITIONER(s) No. MR MAULIK J SHELAT for the PETITIONER(s) No. MR VILAV K BHATIA for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 18/03/2021

IA ORDER

Heard learned Advocate Shri Maulik J. Shelat for the applicant and Shri Vilav K. Bhatia for respondents no.1 and 2- original claimants.

Vide order dated 29.01.2021, Co-ordinate Bench of this Court ( Coram: Ms. Justice Vaibhavi D. Nanavati) had directed the stay of the impugned judgement and award passed by the learned Tribunal on condition that the applicant-Insurance Company shall deposit the amount of liability before the Tribunal.

Today, learned Advocate Shri Shelat informs this Court that in compliance of the said order, the entire amount has been deposited with the concerned Tribunal.

Learned Advocate Shri Bhatia has requested that in view of the

C/FA/258/2021 IA ORDER

deposit of the entire amount, appropriate orders for disbursement/investment may be passed.

Considering the same, it is directed that 30% 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 and 70% of the deposited amount shall be invested in Fixed Deposit in any Nationalized Bank by the concerned Tribunal and it shall be renewed initially for a period of three years and it shall be extended from time to time till further orders are passed by this Court in this regard. The Fixed Deposit receipts shall be kept with the Nazir of the Tribunal. The original claimants shall be entitled to periodical interest.

Furthermore, it is ordered that the impugned judgment and award passed by the learned Motor Accident Claim Tribunal (Aux) and 14 th Additional District & Sessions Judge, Ahmedabad Rural in Motor Accident Claim Petition No. 1080 2015 dated 10.01.2020 shall remain stayed till the final disposal of the appeal.

Rule is made absolute to the above extent. With the above observations and directions, civil application stands disposed of.

(NIKHIL S. KARIEL,J) niru