Iffco Tokio General Insurance Co ... vs Ibrahim Haji Sobhara Jat
2021 Latest Caselaw 4700 Guj

               C/FA/236/2021                        IA ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


      CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
             In R/FIRST APPEAL NO. 236 of 2021
============================================

IFFCO TOKIO GENERAL INSURANCE CO LTD Versus IBRAHIM HAJI SOBHARA JAT ============================================ Appearance:

for the PETITIONER(s) No. MR TANMAY B KARIA for the PETITIONER(s) No. MR.HIREN M MODI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 24/03/2021

IA ORDER

1. Heard learned Advocate Shri Tanmay B. Karia for the applicant and learned Advocate Shri Hiren M. Modi for the respondent - original claimant.

2. Vide order dated 29.01.2021 (Coram: Ms. Vaibhavi D. Nanavati, J.) had been pleased to stay the impugned judgment and award passed by the learned Tribunal on condition that applicant - Insurance Company shall deposit entire awarded amount before the learned Tribunal by next returnable date.

3. Learned Advocate Shri Karia submits that the said order has been complied with. Learned Advocate Shri Modi for the respondent submits that in view of the amount having been deposited, this Court may pass an appropriate order for disbursement. Learned Advocate Shri Modi further

C/FA/236/2021 IA ORDER

draws the attention of this Court (Coram: C.L. Soni, J.) to the order dated 10.04.2018 passed in First Appeal No.70 of 2018, which is arising from the same accident and whereas he submits that disbursement order may be passed on similar line.

4. Considering the same, concerned learned Tribunal shall disburse 30% of the entire deposited amount in favour of respondent No.1 - original claimant by A/c. Payee Cheque after due and proper verification. In so far 70% of the deposited amount is concerned, the same shall be deposited in Fixed Deposit Receipt in any Nationalized Bank initially for a period of 3 years and thereafter, the same shall be renewed from time to time till final disposal of the First Appeal. Original Fixed Deposit Receipt shall be retained by the Nazir of the concerned Tribunal. The respondent No.1 - original claimant shall be entitled for periodical interest.

5. In view of the above observation and direction, the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.), Bhuj - Kachchh, dated 24.05.2019 in MACP No. 462 of 2009 shall remain stayed till final disposal of the First Appeal.

Civil Application is accordingly disposed of as allowed.

(NIKHIL S. KARIEL,J) Y.N. VYAS