The Oriental Insurance Co.Ltd. vs Legal Heirs Of And ...
2021 Latest Caselaw 4847 Guj

             C/FA/2129/2020                           IA ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


         CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                              In
                R/FIRST APPEAL NO. 2129 of 2020
===================================

THE ORIENTAL INSURANCE CO.LTD.

Versus LEGAL HEIRS OF AND REPRESENTATIVES OF DECD. ARVINDJI BHAVANJI THAKOR =================================== Appearance:

for the PETITIONER(s) No. MR VC THOMAS for the PETITIONER(s) No. MR.MANAN BHATT for the RESPONDENT(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 V.C Thomas on behalf of the applicant and learned Advocate Shri Manan Bhatt for the respondents No. 1.2 to 1.4. Respondents No. 2 and 3 though served have chosen not to appear.

2. Record shows that vide order dated 27.10.2020, this Court (Coram : Sangeeta K. Vishen, J.) had while admitting the First Appeal stayed the impugned judgment and award on a condition that the applicant deposited the entire awarded amount with interest and costs before the next returnable date.

C/FA/2129/2020 IA ORDER

3. Learned Advocate Shri Thomas, informs this Court that the said order has been complied with and the entire amount as directed has been deposited.

4. Learned Advocate Shri Manan Bhatt for the claimants has submitted that in view of the deposit, this Court may pass appropriate orders for disbursement/investment of the amount. Considering the same, 30% of the entire amount deposited shall be disbursed in favour of the respondents­original claimants after due and proper verification and whereas the Tribunal shall appropriately apportion the amount between the claimants. In so far as the remaining 70% is concerned the same shall be deposited in the fixed deposit account in a Nationalised Bank initially for a period of 3 years and shall be renewed from time to time till the final disposal of the First Appeal. The claimants shall be entitled for a periodical interest on the same ratio of the apportion as would be decided by the learned Tribunal. The original FDR shall be retained by the Nazir Branch of the concerned Court.

5. In view of the orders passed hereinabove the impugned judgment and award passed by the learned Motor Accident Claims Tribunal at Gandhinagar on 2.07.2019, in Motor Accident Claim Petition No. 434 of 2010 shall remain stayed till final disposal of the First Appeal.

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

(NIKHILS. KARIEL,J) MARYVADAKKAN