The United India Insurance Co.Ltd vs Amrabhai Kamjibhai Asari
2021 Latest Caselaw 4616 Guj

        C/FA/1453/2020                                IA ORDER



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 1453 of 2020
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THE UNITED INDIA INSURANCE CO.LTD Versus AMRABHAI KAMJIBHAI ASARI ========================================================== Appearance:

for the PETITIONER(s) No. MR RATHIN P RAVAL for the PETITIONER(s) No. MR. SABIR B SAIYYAD for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 23/03/2021 IA ORDER

Heard learned advocate Mr. Rathin Raval on behalf of the applicant - Insurance Company and learned advocate Ms. Krupa Soni on behalf of respondent Nos. 1 and 2 - original claimants.

Learned advocate Mr. Raval has drawn the attention of this Court to the order dated 4.8.2020 passed by this Court (Coram: A.C. Rao, 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 entire awarded amount together with cost and interest be deposited before the returnable date. Learned advocate Mr. Raval informs that the entire amount has been deposited and the said order has been complied with.

Learned advocate Ms. Krupa Soni has submitted that this Court may pass appropriate order of disbursement.

Considering the same, Tribunal is directed to disburse 30% of

C/FA/1453/2020 IA ORDER

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 years 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), Aravalli @ Modasa, in MACP No. 590 of 2015 dated 8.8.2019 shall remain stayed till final disposal of the First Appeal.

With these observations and direction, the present application stands allowed.

(NIKHIL S. KARIEL,J) SAJ GEORGE