Hdfc Ergo Insurance Co Ltd ... vs Kadviben Amarshibhai Ghori ...
2021 Latest Caselaw 15695 Guj

    C/FA/71/2020                                    IA ORDER DATED: 05/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                    In R/FIRST APPEAL NO. 71 of 2020
==========================================================

HDFC ERGO INSURANCE CO LTD BHAVNAGAR Versus KADVIBEN AMARSHIBHAI GHORI (PATEL) ========================================================== Appearance:

MR RATHIN P RAVAL for the PETITIONER(s) No. RULE SERVED for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 05/10/2021

IA ORDER

Though served, claimants have not entered their appearance. The presence of respondent Nos.3 and 5 is not necessary for the purpose of disposal of this application as they happened to be drivers of the offending vehicles.

Heard Mr.Rathin Raval, learned advocate for the applicant - insurance company.

Mr.Raval submits that the amount of compensation together with interest and proportionate costs is deposited in the Tribunal in compliance of the order of this Court. He, therefore, urges that stay of the impugned judgment and award may be confirmed till the

C/FA/71/2020 IA ORDER DATED: 05/10/2021

disposal of the appeal.

In view of the above, the application is allowed. The stay of the impugned judgment and award is confirmed till the disposal of the appeal with a liberty in favour of the claimants to move an application for disbursement of the amount. The Tribunal is directed to invest the deposited amount in cumulative fixed deposit for a period of three years and retain the Fixed Deposit Receipt in the custody of the Nazir of the Tribunal. Rule is made absolute.

(A.G.URAIZEE, J) H.M. PATHAN