Oriental Insurance Company ... vs Rahimbhai M Parmar
2021 Latest Caselaw 4936 Guj

             C/FA/375/2021                                IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


            CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                In
                   R/FIRST APPEAL NO. 375 of 2021
=============================================

ORIENTAL INSURANCE COMPANY LIMITED Versus RAHIMBHAI M PARMAR ============================================= Appearance:

for the PETITIONER(s) No. MR VIBHUTI NANAVATI for the PETITIONER(s) No. MR.HIREN M MODI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 31/03/2021

IA ORDER

Heard learned Advocate Shri Vibhuti Nanavati for the applicant and learned Advocate Shri Hiren M. Modi on behalf of the respondents no. 5 to 8 ­original claimants.

2. Record shows that vide order dated 5.02.2021, this Court (Coram : Vaibhavi D. Nanavati, J.) while admitting the First Appeal, this Court had stayed the operation, implementation and execution of the impugned judgment and award on a condition that the applicant­appellant shall deposit the entire amount awarded by the learned Tribunal along with cost and interest before the Tribunal.

3. Learned Advocate Shri Vibhuti Nanavati for the applicant submits that the said order has been complied with.

C/FA/375/2021 IA ORDER

4. Learned Advocate Shri Hiren Modi, therefore submits that in view of the some, this Court may pass appropriate order for disbursement. Considering the same, the learned Tribunal shall disburse 30% of the entire deposited amount to respondents no. 5 to 8 ­original claimants after due and and proper verification. As 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. The claimants shall be entitled for a periodical interest. The original FDR shall be retained by the Nazir Branch of the concerned Court.

5. In view of the directions/observations herein the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Auxi.) Vadodara dated 28.02.2020 in MACP No. 450 of 2016 shall remain stayed till final disposal of the First Appeal .

6. In view of the above observations/directions hereinabove the present application stand disposed of as allowed.

(NIKHILS. KARIEL,J) MARYVADAKKAN