Gujarat State Road Transport ... vs Babliben Wd/O Anadiyabhai ...
2021 Latest Caselaw 4844 Guj

             C/FA/154/2021                        IA ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


  CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2020
                             In
               R/FIRST APPEAL NO. 154 of 2021
===================================

GUJARAT STATE ROAD TRANSPORT CORPORATION Versus BABLIBEN WD/O ANADIYABHAI MAGANBHAI PATEL =================================== Appearance:

for the PETITIONER(s) No. MR HS MUNSHAW for the PETITIONER(s) No. MR RATHIN P RAVAL 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

Heard learned Advocate Shri R.H. Munshaw on behalf of the applicant and learned Advocate Shri Nishit A. Bhalodi on behalf of the respondent No.1­original claimant.

2. Vide order dated 21.01.2021, this Court (Coram : Vaibhavi D. Nanavati,J.) had admitted the First Appeal and stayed in the impugned award passed by learned Motor Accident Claims Tribunal on a condition that the applicant deposited the entire amount of liability before the Tribunal by the next returnable date.

3. Learned Advocate Shri Munshaw for the applicant, informs this Court that the said order has been complied with and the

C/FA/154/2021 IA ORDER

entire amount has been deposited.

4. Learned Advocate Shri Nishit A. Bhalodi, in view of the same request that this Court may pass appropriate order for disbursement/investment.

5. Considering the same, the learned Tribunal shall disburse 30% in favour of respondent no.1 original claimant after due and proper verification and in so far as the remaining 70% amount is concerned the same shall be deposited in a fixed deposit account in a Nationalised Bank initially for a period of 3 years and shall be renewed from time to time till the claimants shall be entitled for a periodical interest. The original FDR shall be retained by the Nazir Branch of the concerned Court.

6. In view of the orders passed hereinabove the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main), Dahod, dated 30.07.2020 in MACP No. 437 of 2009 shall remain stayed till the final disposal of the First Appeal. Rule is made absolute to the above extent. Application is disposed of as allowed.

(NIKHILS. KARIEL,J) MARYVADAKKAN