National Insurance Co Ltd vs Minor Parvinabanu Yasinmiya ...
2021 Latest Caselaw 4697 Guj

        C/FA/4414/2019                               IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                In R/FIRST APPEAL NO. 4414 of 2019
                              With
CIVIL APPLICATION (FIXING DATE OF EARLY HEARING) NO. 1 of 2020
                In R/FIRST APPEAL NO. 4414 of 2019
==========================================================

NATIONAL INSURANCE CO LTD Versus MINOR PARVINABANU YASINMIYA SHEIKH ========================================================== Appearance:

MR SUNIL B PARIKH for the PETITIONER(s) No. MR H M SHAH for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 24/03/2021

IA ORDER

1. Heard Mr. Sunil B. Parikh, learned advocate for the Insurance Company and Mr. H. M. Shah, learned advocate for the original claimants.

2. This Court (Coram: G. R. Udhwani, J) while admitting the First Appeal, vide order dated 19.09.2019 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 along with cost and interest. Today, learned advocate Mr. Parikh submits that the order has been complied with.

3. In view of the above, the operation, implementation and execution of the impugned judgment and award passed by the

C/FA/4414/2019 IA ORDER

Motro Accitdent Claims Tribunal (Aux.), Kheda at Nadiad, dated 28.01.2019 in MACP No.136 of 2016 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.

4. Both the applications stand disposed of as allowed. Rule made absolute to that extent.

(NIKHIL S. KARIEL,J) DRASHTI K. SHUKLA