Future Generali India Insurance ... vs Navnitbhai Mithabhai Prajapati
2021 Latest Caselaw 4606 Guj

       C/FA/1741/2020                                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. 1741 of 2020
==========================================================

NAVNITBHAI MITHABHAI PRAJAPATI Versus FUTURE GENERALI INDIA INSURANCE CO. LTD. ========================================================== Appearance:

MR KUNAL S SHAH for the PETITIONER(s) No. MR CHIRAYU A MEHTA for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 23/03/2021

IA ORDER

1. Heard learned advocate Mr. Kunal Shah on behalf of the

applicant and Mr. Chirayu Mehta on behalf of the respondent-

insurance company.

2. By way of this application, the applicant prays for

disbursement of the amount as directed by the learned

Tribunal vide the impugned judgment and award.

3. Learned advocate Mr. Shah draws the attention of this

Court to the order dated 06.10.2020. This Court (Coram: N. V.

Anjaria, J.) had while admitting the appeal had directed that

the impugned judgment and order shall be stayed subject to

C/FA/1741/2020 IA ORDER

the appellant - insurance company depositing the entire

amount with the Tribunal concerned. Learned advocate

Mr. Mehta submit that the entire amount has been deposited.

Learned advocate Mr. Shah requests that appropriate orders

for disbursement/investment may be passed by this court.

Considering the same, the learned Tribunal is directed to

disburse 30% of the entire amount deposited in favour of the

applicant- original claimant after due and proper verification. In

so far as remaining 70% is concerned, the same shall be

deposited in a cumulative fixed deposit account with any

Nationalised Bank initially for a period of 3 years and shall be

extended from time to time till the final disposal of the First

Appeal. The Nazir of the concerned Tribunal shall retain the

original FDR's.

4. With these observations, the present application stands

disposed of as allowed.

(NIKHIL S. KARIEL,J) MAYA S. CHAUHAN