Hdfc Ergo General Insurance ... vs Adbreman Kasam Manjothi
2021 Latest Caselaw 4938 Guj

             C/FA/147/2021                       IA ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


         CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
               In R/FIRST APPEAL NO. 147 of 2021
===================================

======================= HDFC ERGO GENERAL INSURANCE COMPANY LIMITED Versus ADBREMAN KASAM MANJOTHI =================================== Appearance:

for the PETITIONER(s) No. MR VIBHUTI NANAVATI for the PETITIONER(s) No. NISHIT A BHALODI 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 Nishit A. Balodi for the respondents no. 6 to 10. ­original claimants.

2. Record shows that vide order dated 20.1.2021, this Court (Coram : Vaibhavi 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 Insurance Company had deposited the entire amount of liability with the Tribunal concerned.

3. Learned Advocate Shri Nishit Balodi submits that the said

C/FA/147/2021 IA ORDER

order has been complied with and as per the instructions the amount has been deposited by the Insurance Company on 15.2.2021. Considering the same, he submits this Court may pass appropriate orders for disbursement. Considering the same, the learned Tribunal shall disburse 30% of the entire deposited amount in favour of the respondents No. 6 to 10­original claimants after due and proper verification. As far as the remaining 70% of the amount 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 applicants shall be entitled for 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 passed by the learned Motor Accident Claims Tribunal (Main.) Kachchh at Bhuj, dated 7.7.2020 in MACP No. 306 of 2012 is stayed till the final disposal of the First Appeal.

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

(NIKHILS. KARIEL,J) MARYVADAKKAN