L And T General Insurance Company ... vs Ruksanaben Samirbhai Deraiya
2021 Latest Caselaw 4614 Guj

         C/FA/52/2021                                 IA ORDER



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                            In
               R/FIRST APPEAL NO. 52 of 2021
==========================================================

L AND T GENERAL INSURANCE COMPANY LTD Versus RUKSANABEN SAMIRBHAI DERAIYA ========================================================== Appearance:

for the PETITIONER(s) No. MR MAULIK J SHELAT for the PETITIONER(s) No. JENIL M SHAH 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 : 23/03/2021

IA ORDER

Heard learned advocate Mr. Bhavin Thaker on behalf of learned advocate Mr. Maulik Shelat on behalf of the applicant - Insurance Company and learned advocate Mr. Jenil Shah on behalf of respondent Nos. 1 and 2­ original claimants.

By way of this Application, the applicant prays for staying the implementation, operation and execution of the judgment and award dated 3.12.2019 passed by the learned Motor Accident Claims Tribunal (Auxi), Bhavnagar in MACP No.188 of 2013.

Learned advocate Mr. Thaker has drawn the attention of this Court to the order dated 12.01.2021 passed by this Court (Coram: Vaibhavi D. Nanavati, J.) whereby this Court, while admitting the First Appeal, was pleased to stay operation, implementation and execution of the judgment and award of the Motor Accident Claims Tribunal, on the condition that the Insurance Company shall

C/FA/52/2021 IA ORDER

deposit the amount of liability of he applicant as determined by the Tribunal before the returnable date. Learned advocate Mr. Thaker submits that the entire amount has been deposited and the said order has been complied with.

In view of the same, learned advocate Mr. Jenil Shah has submitted that this Court may pass appropriate order of disbursement.

Considering the same, Tribunal is directed to disburse 30% of the entire deposited amount to the applicant herein after due verification and whereas remaining 70% shall be deposited in Fixed Deposit Account in any Nationalized Bank and whereas same shall be deposited initially for a period of 3 year and thereafter the same shall be renewed from time to time till final disposal of the Appeal and whereas the Applicant shall be entitled for periodical interest thereupon. The original FDR to be retained by the Nazir of the concerned Tribunal.

In view of the above observation and directions, the impugned judgment and award passed by MACT (Auxi), Bhavnagar in MACP No. 188/2013 dated 3.12.2019 shall remain stayed till final disposal of the First Appeal.

With these observations and directions, the present application is allowed.

(NIKHIL S. KARIEL,J) SAJ GEORGE