Reliance General Insurance Co. ... vs Kanti Jalal Patni (Vaghri)
2021 Latest Caselaw 4536 Guj

        C/FA/2689/2020                                IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 2689 of 2020
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RELIANCE GENERAL INSURANCE CO. LTD.

Versus KANTI JALAL PATNI (VAGHRI) ========================================================== Appearance:

for the PETITIONER(s) No. MR RATHIN P RAVAL 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 : 22/03/2021

IA ORDER

1. Heard Mr. Rathin P. Raval, learned advocate for the applicant and Mr. Nishit A. Bhalodi, learned advocate for the respondent Nos. 1 and 2 - original claimants.

2. This Court (Coram: Vaibhavi D. Nanavati, J) vide order dated 07.01.2021 granted ad-interim stay against the execution and implementation of the judgment and award of the Tribunal on the condition that the applicant shall deposit the awarded amount.

3. Learned advocate Mr. Raval for the applicant states that the applicant has already deposited awarded amount with the Tribunal.

4. The Tribunal, while awarding the compensation to the claimants, has ordered to disburse 30% in favour of the claimants and to invest remaining 70% of the amount of compensation in Fixed Deposit in any Nationalized Bank and also allowed payment of periodical interest to the claimants.

C/FA/2689/2020 IA ORDER

5. The Court, in the facts of the case, finds that the claimants could be disbursed 30% of the amount of compensation and remaining 70% amount should remain in Fixed Deposit.

6. In view of the above, the operation, implementation and execution of the impugned judgment and award passed by the Motro Accitdent Claims Tribunal (Aux.), Kachchh at Bhuj, dated 04.12.2019 in MACP No.311 of 2013 shall remained stayed till final disposal of the First Appeal, with the direction that the claimants shall be disbursed 30% of the amount of compensation deposited by the applicant and remaining 70% of the amount shall be invested in Fixed Deposit with any Nationalized Bank initially for a period of three years and thereafter to be renewed from time to time till final disposal of the First Appeal. Periodical interest accrued on Fixed Deposit is ordered to be released in favour of the claimants. The Fixed Deposit receipts shall be kept with the Nazir of the Tribunal.

7. The application stands disposed of as allowed. Rule made absolute to that extent.

(NIKHIL S. KARIEL,J) DRASHTI K. SHUKLA