Icici Lombard General Insurance ... vs Harshaben Wd/O Chandrakant ...
2021 Latest Caselaw 4802 Guj

          C/FA/1246/2019                               IA ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 1246 of 2019
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HARSHABEN WD/O CHANDRAKANT ARJUNBHAI AHUJA Versus ICICI LOMBARD GENERAL INSURANCE COMPANY LTD ========================================================== Appearance:

MR. RUSHANG D MEHTA for the PETITIONER(s) No. MR CHIRAYU A MEHTA for the RESPONDENT(s) No. MR DAKSHESH MEHTA for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 26/03/2021

IA ORDER

1. Heard learned advocate Mr. Rushang D. Mehta with learned advocate Ms. Masumi Nanavati for the applicant and leanred advocate Ms. Himali Shah for the respondent - Insurance Company.

2. This Court (Coram: Paresh Upadhyay, J) while issuance of notice, vide order dated 03.04.2019 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. Mehta submits that the order has been complied with.

3. Considering the same, 30% of the amount of compensation deposited by the applicant shall be disburesed in favour of the applicants herein - original claimants after due verification and in ratio of aportionment as directed by the tribunal and so far as remaining 70% of the amount shall be invested in cumulative fix

C/FA/1246/2019 IA ORDER

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. The Fixed Deposit receipts shall be kept with the Nazir of the Tribunal.

4. With the aforesaid observations and directions, present Civil Application stands disposed of as allowed.

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