Sbi General Insurance Company ... vs Badhabhai Ghelabhai Hambal
2021 Latest Caselaw 4841 Guj

            C/FA/2579/2020                        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. 2579 of 2020
                          With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
            In R/FIRST APPEAL NO. 2579 of 2020

===================================

SBI GENERAL INSURANCE COMPANY LIMITED Versus NITINBHAI RAMESHBHAI PATNI =================================== Appearance:

for the PETITIONER(s) No. MR VIBHUTI NANAVATI for the PETITIONER(s) No. MR KAMLESH N BRAHMKSHATRIYA for the RESPONDENT(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. ===================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 30/03/2021

IA ORDER

Civil Application No. 1 of 2021 for disbursement :

Heard learned Advocate Shri Nishit A.Balodi on behalf of the applicants­original respondents No. 2 to 5­original claimants and learned Advocate Shri Vibhuti Nanavati for the Insurance Company.

2. Learned Advocate Shri Balodi, draws the attention of this

C/FA/2579/2020 IA ORDER

Court vide order dated 21.12.2020 passed by this Court (Coram : Bhargav D. Karia,J.) whereby while admitting the First Appeal, this Court had stayed the impugned judgment and award on a condition that the applicant­appellant shall deposit the entire awarded amount along with cost and interest before the Tribunal on the next returnable date.

3. Learned Advocate Shri Balodi, informs this Court that the said order has been complied and the amount has been deposited. He further requests that this Court may pass appropriate order for disbursement/investment. Considering the same, the learned Tribunal to disburse 30% of the entire deposited amount in favour of the claimants after due and proper verification in the ratio of apportion decided by the learned Tribunal. So far as the remaining amount is concerned the same shall be invested in a fixed deposit account with a Nationalised Bank initially for a period of 3 years renewed from time to time till the final disposal of the First Appeal. The applicants herein shall be entitled for period of interest. The original FDR shall be retained by the Nazir Branch of the concerned Court.

4. With the above observations and directions, the present application stands disposed of as allowed.

Civil Application No. 1 of 2020 for stay

Heard learned Advocate Shri Vibhuti Nanavati on behalf othe applicants and learned Advocate Shri Nishit Balodi on behalf of the respondents 2 to 5 original claimants.

2. In view of the order passed in Civil Application for

C/FA/2579/2020 IA ORDER

disbursement, the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Aux.) City Civil Court, Ahmedabad on 6.08.2020 in MAC Petition No. 153 of 2014, shall remain stayed till final disposal of the First Appeal.

3. In view of the above observations/directions hereinabove the present application stands disposed of as allowed.

(NIKHILS. KARIEL,J) MARYVADAKKAN