The New India Assurance Company ... vs Dharamsingh Bujasingh
2021 Latest Caselaw 4461 Guj

         C/FA/1122/2019                                   IA ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 1122 of 2019
==========================================================

DHARAMSINGH BUJASINGH Versus RAJESHBHAI DAHYABHAI THACKER ========================================================== Appearance:

MR.HIREN M MODI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR YOGI K GADHIA for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL Date : 19/03/2021 IA ORDER

Heard Mr.H.M.Modi, learned advocate for the petitioner and Mr.Y.K.Gadhia, learned advocate for the respondent no.2.

Rule. Mr.Y.K.Gadhia, learned advocate waives service of notice of Rule for the respondent no.2.

By way of this application, the applicant prays for disbursement of the amount as awarded by the learned tribunal in the impugned judgment and award.

It appears that vide order dated 18.03.2019, this Court (Corum :- Mr.Justice Paresh Upadhyay) had stayed the impugned judgment and award passed by the Motor Accident Claims Tribunal (Aux.3), Gandhidham-Kachchh, dated 20.01.2017 in M.A.C.P.No.295 of 2009 on a condition that the entire awarded amount along with interest and cost

C/FA/1122/2019 IA ORDER

shall be deposited with the concerned tribunal by the returnable date.

Mr.Hiren Modi, learned advocate for the applicant has submitted that the entire amount has been deposited and whereas, he has submitted that this Court may pass appropriate order for disbursement.

Considering the facts and circumstances of the case, learned tribunal shall disburse 30% of the entire awarded amount to the applicant herein - original claimant 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. 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. The original claimant would not be entitled for interest.

With the above observations and directions, the application is allowed accordingly. Rule is made absolute to the aforesaid extent. Direct service is permitted

(NIKHIL S. KARIEL,J) MOHMMEDSHAHID