Reliance General Insurance ... vs Sanwarmal Nathuram Jitarval
2021 Latest Caselaw 4856 Guj

         C/FA/20/2021                                 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. 20 of 2021
==========================================================

KANTIBHAI MULAJI PRAJAPATI Versus SANWARMAL NATHURAM JITARVAL ========================================================== Appearance:

for the PETITIONER(s) No. MR DHARMESH V SHAH for the PETITIONER(s) No. MR CHIRAYU A MEHTA for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 30/03/2021

IA ORDER

1. Heard learned advocate Ms. Drashti Shah for learned advocate Mr. Dharmesh V. Shah for the applicants and learned advocate Ms. Himani Shah for learned advocate Mr. Chirayu Mehta for respondent - Insurance Company.

2. This Court (Coram: Vaibhavi D. Nanavati, J) while amitting the First Appeal, vide order dated 08.01.2021 granted ad-interim stay against the execution and implementation of the judgment and award of the Tribunal on the condition that the applicant shall deposit the awarded amount along with cost and interest. Moreover, vide order dated 12.02.2021, this Court having noted the submissions of the learned advocate for the insurance company that the entire amount is deposited with the tribunal, confirmed the stay and disposed of the Civil Application, with liberty to the claimants to file appropriate application for disbursement of the amount, which is done by way of filing this Civil Application.

C/FA/20/2021 IA ORDER

3. Considering the same, 30% of the amount of compensation deposited by the applicant shall be disburesed in favour of the applicants herein - original claimants after due verification and in ratio of aportionment as directed by the tribunal and so far as remaining 70% of the amount shall be invested in fix deposit with any Nationalized Bank initially for a period of three years and thereafter to be renewed from time to time till final disposal of the First Appeal. Periodical interest accrued on Fixed Deposit is ordered to be released in favour of the claimants. The Fixed Deposit receipts shall be kept with the Nazir of the Tribunal.

4. With the aforesaid observations and directions, present Civil Application stands disposed of as allowed.

(NIKHIL S. KARIEL,J) DRASHTI K. SHUKLA