Gujarat Road Transport ... vs Ramaben Ashokbhai Sarvaiya ...
2021 Latest Caselaw 4845 Guj

                C/FA/48/2020                          IA ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of
                            2019
             In R/FIRST APPEAL NO. 48 of 2020
============================================

GUJARAT ROAD TRANSPORT CORPORATION Versus RAMABEN ASHOKBHAI SARVAIYA (WIDOW) ============================================ Appearance:

for the PETITIONER(s) No. MR HS MUNSHAW for the PETITIONER(s) No. KAASH K THAKKAR for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. TATVDEEP J JANI for the RESPONDENT(s) No. ============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 30/03/2021

IA ORDER

Heard learned Advocate Shri Rushabh Munshaw for the applicant and learned Advocate Shri Tatvdeep J. Jani for the respondent Nos.1 to 4 - original claimants.

Vide order dated 10.01.2020, this Court (Coram: N.V. Anjaria, J.) has stayed the implementation and execution of the impugned judgment and Award dated 21.09.2019 passed by the learned Motor Accident Claims Tribunal (Auxi.) at Bhavnagar, in MACP No.154 of 2017, on condition that the applicant deposits the entire awarded amount along with interest and cost before the learned Tribunal.

Learned Advocate Shri Munshaw for the applicant submits that the

C/FA/48/2020 IA ORDER

said order has been complied with and entire awarded amount has been deposited before the learned Tribunal.

In view of above, learned Advocate Shri Tatvdeep J. Jani requests that this Court may pass an appropriate order for disbursement and investment of the said deposited amount.

Considering the same, learned Tribunal shall disburse 30% of the entire awarded in favour of the respondent Nos.1 to 4 - original claimants by A/c. Payee Cheque after due and proper verification. In so far as 70% of the awarded amount is concerned, the same 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. The claimants shall be entitled for periodical interest. The original Fixed Deposit Receipt shall be retained by the Nazir of the concerned Tribunal.

In view of the order passed as above, impugned judgment and Award dated 29.09.2019 passed by the learned Motor Accident Claims Tribunal (Auxi.) at Bhavnagar in MACP No.154 of 2017, shall remain stayed till final disposal of the First Appeal.

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

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