Gujarat High Court
The New India Assurance Co.Ltd. vs Legal Hairs Of Deceased ... on 22 March, 2021
Bench: Nikhil S. Kariel
C/FA/1973/2020 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/FIRST APPEAL NO. 1973 of 2020
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF
AMOUNT) NO. 1 of 2021
In R/FIRST APPEAL NO. 1973 of 2020
=========== ==== == == == == == === == == == == == == == == == == == = == ==
THE NEW INDIA ASSURANCE CO.LTD.
Versus
LEGAL HAIRS OF DECEASED VARDHABHAI SHANKARBHAI CHARDIYA
(RAJPUT)
=========== ==== == == == == == === == == == == == == == == == == == = == ==
Appearance:
for the PETITIONER(s) No.
MR TANMAY B KARIA for the PETITIONER(s) No.
MR KK THAKKAR for the RESPONDENT(s) No.
RULE SERVED for the RESPONDENT(s) No.
RULE UNSERVED for the RESPONDENT(s) No.
=========== ==== == == == == == === == == == == == == == == == == == = == ==
CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 22/03 / 2 0 2 1
COMMON IA ORDER
(1) ORDER IN CIVIL APPLICATION
(FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1
of 2021 I n R/FIRST APPEAL NO. 1973 of 2020
Heard learned advocate Mr.Tanmay Karia on behalf of the
respondent no.1Insurance Company. Learned advocate Mr.K.K.Thakkar
for respondents Original claimants.
It appears that vide an order dated 20.10.2020 this Court (Coram:
Justice Mr.U.A.Trivedi) had stayed execution of the impugned award
subject to the condition that the insurance company deposits the entire
amount award along with the interest and cost before the concerned
Tribunal by the next returnable date.
C/FA/1973/2020 IA ORDER
Learned advocates appearing for the respective parties informed
that the said order has been complied with.
Considering the same, learned advocate Mr.Thakkar for the
original applicants prays for appropriate orders for disbursement of the
amount.
In view of the same, learned Tribunal to disburse 30% of the
actual awarded amount to the applicantsclaimants after due and proper
verification and whereas as regards the remaining 70% of the amount is
concerned, the same shall be deposited in cumulative FD with
Nationalized Bank initially for a period of three years, renewed from
time to time and whereas Nazir and the concerned Court shall retain the
original FDS.
With these observations and directions the present application
stands disposed of as allowed.
(2) ORDER CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 I n
R/FIRST APPEAL NO. 1973 of 2020
Heard learned advocate Mr.Tanmay Karia on behalf of the
appellant. Learned advocate Mr.K.K.Thakkar for respondents no.1 and 2
Original claimants.
By way of this application the applicant prays for staying
impugned judgment and award passed by the Motor Accident Claim
Tribunal (Auxi) Banaskantha, Palanpur in Motor Accident Claim Petition
No.34 of 2018 dated 29.02.2020 and vide order dated 20.10.2020 this
Court (Coram: Justice Mr.U.A.Trivedi) stayed the impugned judgment
C/FA/1973/2020 IA ORDER
and award directing the insurance company to deposit the entire amount
awarded with interest and cost for the concerned tribunal by the next
returnable date.
Learned advocate for the respective parties informed that the said
order has been complied with. Further today this Court has passed
orders for disbursement investment of the amount so deposited.
In view thereof, the impugned judgment and award passed by the
Motor Accident Claim Tribunal (Auxi) Banaskantha, Palanpur in Motor
Accident Claim Petition No.34 of 2018 dated 29.02.2020 shall be stayed
till final disposal of the First Appeal No.1973 of 2020.
(NIKHIL S. KARIEL,J)
URIL RANA
