The United India Insurance ... vs Rajak Ali Qureshi
2021 Latest Caselaw 4538 Guj

        C/FA/235/2021                                 IA ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                    In R/FIRST APPEAL NO. 235 of 2021
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THE UNITED INDIA INSURANCE COMPANY LTD Versus RAJAK ALI QURESHI ========================================================== Appearance:

for the PETITIONER(s) No. MR VIBHUTI NANAVATI for the PETITIONER(s) No. MR MAKBUL I MANSURI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. UNSERVED EXPIRED (R) for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 22/03/2021

IA ORDER

1. Heard Mr. Vibhuti Nanavati, learned advocate for the applicant and Mr. Makbul I. Mansuri, learned advocate for the respondent Nos. 3 to 7 - original claimants.

2. This Court (Coram: Vaibhavi D. Nanavati, J) vide order dated 29.01.2021 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. Nanavati 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

C/FA/235/2021 IA ORDER

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.

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.), Jamnagar, dated 24.05.2019 in MACP No.287 of 2000 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