National Insurance Company ... vs Prafulbhai Lavjibhai Pipaliya
2021 Latest Caselaw 4801 Guj

               C/FA/1306/2021                           ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/FIRST APPEAL NO. 1306 of 2021
                               With
      CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 1306 of 2021
============================================
          NATIONAL INSURANCE COMPANY LIMITED
                               Versus
                PRAFULBHAI LAVJIBHAI PIPALIYA
============================================
Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3
============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                Date : 26/03/2021

                                 ORAL ORDER

Heard learned Advocate Shri Maulik J. Shelat for the appellant and learned Advocate Shri Nishit Bhalodi for the respondent No.1 - original claimant.

ADMIT. Learned Advocate Shri Bhalodi waives service of notice of admission on behalf of the respondent No.1.

To be heard with First Appeal No.194 of 2021, which is challenged under the selfsame judgment and award, by the original claimant.

ORDER IN CIVIL APPLICATION No.1 of 2020 :

Heard learned Advocate Shri Maulik J. Shelat for the applicant and learned Advocate Shri Nishit Bhalodi for the respondent No.1 - original claimant.

By way of this application, the applicant challenges the judgment and

C/FA/1306/2021 ORDER

award dated 18.07.2019 passed by the Motor Accident Claims Tribunal (Auxi.) Rajkot, in MACP No. 1137 of 2011.

Learned Advocate Shri Shelat submits that since the cognate proceedings had been preferred by the original claimant before this Court, therefore, the applicant Insurance Company shall require to deposit the entire awarded amount before the learned Tribunal.

Learned Advocate Shri Bhalodi in view thereof, submits that appropriate order for disbursement / investment of the deposit amount may be passed by this Court.

Considering the same, learned Tribunal shall disburse 30% of the awarded amount to the original claimant by A/c. Payee Cheque after due and proper verification. Remaining 70% of the awarded amount, shall be invested 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 learned Tribunal. The claimant shall be entitled for periodical interest.

In view of the aforesaid direction, the impugned judgment and award dated 18.07.2019 passed by the Motor Accident Claims Tribunal (Auxi.) Rajkot, in MACP No. 1137 of 2011 shall remain stayed till final disposal of the First Appeal.

With this direction, present Civil Application stands disposed of as allowed.

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