Gujarat High Court
The New India Assurance Company ... vs Sambu Singh S/O Ramsingh Rajput on 22 March, 2021
Bench: Nikhil S. Kariel
C/FA/2733/2019 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. 2733 of 2019
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MOHANBHAI VISHABHAI THAKOR (NIRASHRIT)
Versus
SAMBU SINGH S/O RAMSINGH RAJPUT
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Appearance:
MR KK THAKKAR for the PETITIONER(s) No.
for the RESPONDENT(s) No.
MR VIBHUTI NANAVATI for the RESPONDENT(s) No.
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 22/03/2021
IA ORDER
Heard learned advocate Mr.K.K.Thakkar on behalf of the applicants-original
claimants and learned advocate Mr.Vibhuti Nanavati on behalf of respondent-
Insurance Company.
By way of this application, the applicants pray for disbursement of appropriate
amount as awarded by the learned Tribunal vide the judgment and award which is
impugned in the First Appeal. The record shows that vide an order dated 05.07.2019,
this Court (Coram: Justice B.D.Karia) had while issuing notice for final disposal in
the First Appeal directed the interim relief in terms of paragraph 6(A) in the Civil
Application and whereas paragraph 6(A) states about staying of the impugned
judgment and award on condition that the entire amount awarded by the tribunal with
interest and cost be deposited with the tribunal concerned. Learned advocates for the
respective parties informed that the amount is already deposited.
Considering the grounds raised in the main appeal, it appears that the
C/FA/2733/2019 IA ORDER
insurance company has admitted 50% of the liability, whereas their grievance is with
regard to remaining 50%.
In view of the same, the tribunal shall disburse 25% of the entire amount
deposited with the tribunal to the claimants after making proper verification and
whereas since the award does not state regarding the apportionment, the disbursement
by the tribunal would be after making appropriate orders for apportionment, 25% of
the amount shall be deposited in Fixed Deposits with any Nationalized Bank, initially
for a period of 3 years renewed from time to time till disposal of the First Appeal in
the name of the claimants and the claimants shall be entitled to periodical interest on
the amount of 25% of the entire amount deposited and original F.D.R.s shall be
returned by the Nazir of the concerned tribunal.
In so far as remaining 50% of the entire amount awarded, the same shall be
deposited in cumulative F.D.R. in the name of the Nazir of the tribunal concerned and
whereas original F.D.R's shall be returned by the Nazir and the claimants shall not be
entitled to periodical interest.
In view of the above direction, the present Civil Application is disposed of as
having been allowed.
(NIKHIL S. KARIEL,J)
URIL RANA
