Reliance General Insurance Co Ltd vs Meenaben Rakeshkumar Chauhan
2021 Latest Caselaw 4937 Guj

               C/FA/317/2021                            IA ORDER




               IN THEHIGHCOURTOF GUJARATAT AHMEDABAD

CIVILAPPLICATION(FORWITHDRAWAL/DISBURSEMENTOF AMOUNT) NO. 1 of 2021
                    In R/FIRSTAPPEALNO. 317 of 2021
                                 With
               CIVILAPPLICATION(FORSTAY) NO. 1 of 2020
                    In R/FIRSTAPPEALNO. 317 of 2021

==============================================================================

RELIANCEGENERALINSURANCECOLTD Versus MEENABENRAKESHKUMARCHAUHAN ============================================================================== Appearance:

for the PETITIONER(s)No.

MRRATHINP RAVALfor the PETITIONER(s)No. NISHITA BHALODIfor the RESPONDENT(s)No. RULESERVEDfor the RESPONDENT(s)No.

RULEUNSERVEDfor the RESPONDENT(s)No. ==============================================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date: 31/03/2021

IA ORDER

Civil Application No. 1 of 2021 for disbursement :

Heard learned Advocate Shri Nishit Balodi on behalf of the applicants­original claimants and learned Advocate Shri Rathin P. Raval for the respondent no. 3 Insurance Company.

2. By way of this application, the applicants prays for disbursement of the amount awarded by the learned Tribunal.

3. Learned Advocate Shri Nishit Balodi draws the attention of this Court to the order dated 3.02.2021 passed by this Court ( Coram : Vaibhavi Nanavati,J.) whereby admitting the appeal the

C/FA/317/2021 IA ORDER

Court had stayed the impugned judgment and award on a condition that the entire amount of liability shall be deposited in the Tribunal by the next date.

4. Learned Advocate Shri Balodi further submits that the said order has been complied with and the entire amount has been deposited. Considering the same, the learned Tribunal shall disburse 30 % of the entire deposited amount to the applicants after due and proper verification and in so far as the remaining 70% is concerned the same shall be deposited in a fixed deposit account with a Nationalised Bank initially for a period of 3 years renewed from time to time till the final disposal of the First Appeal. The applicants herein shall be entitled for periodical interest. The original FDR shall be retained by the Nazir Branch of the concerned Court.

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

Civil Application No. 1 of 2020 for stay

Heard learned Advocate Shri Rathin P. Raval for the applicant and learned Advocate Shri Nishit P. Balodi for respondents no. 1 to 4­original claimants.

2. Considering the order passed in Civil Application for disbursement preferred by original claimants passed on 31.3.2021 i.e today, the impugned judgment and award dated 7.7.2020 passed by the learned Motor Accident Claims Tribunal (Aux.), 3rd Additional District Court, Vadodara at Karjan in MACP no. 21 of 2020 shall remain stayed till final disposal of the First Appeal.

C/FA/317/2021 IA ORDER

3. In view of the above observations/directions hereninabove the present application stands disposed of as allowed.

(NIKHILS. KARIEL,J) MARYVADAKKAN