Icici Lombard General Insurance ... vs Fakirabhai Karanbhai Devipuja
2021 Latest Caselaw 4537 Guj

C/FA/2662/2020 IA ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL APPLICATION (FOR STAY) NO. 1 of 2020 In R/FIRST APPEAL NO. 2662 of 2020 =========== ==== == == == == == === == == == == == == == == == == == = == == ICICI LOMBARD GENERAL INSURANCE CO. LTD.

Versus FAKIRABHAI KARANBHAI DEVIPUJA =========== ==== == == == == == === == == == == == == == == == == == = == == Appearance:

for the PETITIONER(s) No. MR CHIRAYU A MEHTA for the PETITIONER(s) No. MR. HEMAL SHAH 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

IA ORDER

Heard learned advocate Ms Himani Shah on behalf of learned advocate Mr.Chirayu A. Mehta for the applicant, learned advocate Mr.Hemal Shah for respondents no.1, 2 and 3­ original claimant no.5.

By way of this application the applicant prays for staying of implementation of impugned judgment award. It appears that vide order dated 05.01.2021 this Court (Coram: Justice Mrs.Vaibhavi D. Nanavati) had while admitting the First Appeal, issued rule in the civil application and directed the stay of the operation implementation and execution of the judgment and award passed by the learned Motor Accident Claim Tribunal (Auxi) Katchh at Bhuj dated 31.01.2020 in Motor Accident Claim Petition No.519 of 2011 on the condition that the insurance company deposits the entire amount of liability as determined by the tribunal.

C/FA/2662/2020 IA ORDER

Learned advocate Ms.Shah informs this Court that the said order has been complied with and whereas the entire award has been deposited with the concerned tribunal. Learned advocate Mr.Hemal Shah submits that in view of the awarded amount being deposited, this Court may pass appropriate orders for disbursement and further investment also.

Considering the same, learned Tribunal is directed to disburse 30% of the entire awarded amount in favour of the present applicants 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 any Nationalized Bank initially for a period of three years, renewed from time to time till final disposal of the first appeal. The original FDRs shall be retained by the Nazir and the concerned Court.

In view of the order of disbursement passed herein above, the impugned judgment and order award passed by the learned Motor Accident Claim Tribunal (Auxi) Katchh at Bhuj dated 31.01.2020 in Motor Accident Claim Petition No.519 of 2011 shall remain stayed till final disposal of the First Appeal No.2662 of 2020.

With this observations and directions the present application stands disposed of as allowed.

(NIKHIL S. KARIEL,J) URIL RANA