New India Assurance Company Ltd vs Pravinbhai Mangaldas Patel
2021 Latest Caselaw 17410 Guj

     C/FA/875/2020                                     IA ORDER DATED: 17/11/2021




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                            NO. 1 of 2021
                 In R/FIRST APPEAL NO. 875 of 2020
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PRAVINBHAI MANGALDAS PATEL Versus HETVI LOGISTIC REPRESENTED BY SACHIN YOGESHBHAI JOSHI ========================================================== Appearance:

MR H M SHAH for the PETITIONER(s) No. for the RESPONDENT(s) No. MR DHRUV D DESAI for the RESPONDENT(s) No. MR HS MUNSHAW for the RESPONDENT(s) No. MR MAULIK J SHELAT for the RESPONDENT(s) No. MS AMI N BHATT for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

Date : 17/11/2021

IA ORDER Heard the learned advocates appearing for the respective parties.

The main appeal filed under Section 173 of the Motor Vehicles Act, 1988 has been admitted. In facts of this case, the impugned judgment and award is stayed till final disposal of the appeal. The Trial Court shall invest 70% of the amount in a Fixed Deposit Receipts in a nationalized Bank initially for a period of 3 years and renewable from time to time for similar period till final disposal of the appeal and 30% of the amount shall be given to the original claimants upon proper verification. The original claimants are also entitled to periodical interest that may accrue on the Fixed Deposit Receipts. The original FDRs to be retained by the Trial Court.

Accordingly, the application is disposed of. Rule is made absolute.

(VIPUL M. PANCHOLI, J) SRILATHA