Reliance General Insurance Co Ltd vs Pradipbhai Aaklubhai Dhadhal
2021 Latest Caselaw 4846 Guj

               C/FA/376/2021                           IA ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


         CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                             In
                R/FIRST APPEAL NO. 376 of 2021
===================================

RELIANCE GENERAL INSURANCE CO LTD Versus PRADIPBHAI AAKLUBHAI DHADHAL =================================== Appearance:

for the PETITIONER(s) No. MR RATHIN P RAVAL for the PETITIONER(s) No. RULE SERVED for the RESPONDENT(s) No. ===================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 30/03/2021

IA ORDER

Heard learned Advocate Shri Rathin P. Raval on behalf of the applicant­appellant.

2. Learned Advocate Shri Ashwin Gateshaniya submits that he has instructions to appear on behalf of respondent no.1 and whereas he would be filing his vakalatnama within a period of one week.

3. Record shows that vide order dated 05.02.2021, this Court (Coram : Vaibhavi D. Nanavati, J.) while admitting the First Appeal stayed the impugned judgment and award on a condition that the Insurance Company deposited the entire amount of liability with the Tribunal.

C/FA/376/2021 IA ORDER

3. Learned Advocate Shri Raval for the appellant submits that the Insurance Company submits that the entire amount has been deposited.

4. Learned Advocate Shri Gateshaniya submits that in view of such deposit, this Court may pass appropriate orders for disbursement/investment. Considering the same learned Tribunal to disburse 30% of the entire deposited amount in favour of respondent no.1 original claimant after due and proper verification. In so far as the remaining 70% is concerned, the same shall be deposited in a fixed deposit with any Nationalised Bank initially for a period of 3 years renewed from time to time till the final disposal of the First Appeal. Respondent No.1 original­claimant shall be entitled for a periodical interest. The original FDR shall be retained by the Nazir Branch of the concerned Court.

4. In view of the directions/observations herein the impugned judgment and award dated 14.08.2020 passed by learned 3rd Motor Accident Claims Tribunal (Auxiliary), Surendranagar District at Limbdi in MACP No. 68/2013, shall remain stayed till final disposal of the First Appeal.

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

(NIKHILS. KARIEL,J) MARYVADAKKAN