Gujarat High Court
The New India Assurance Co Ltd vs Kalubhai Gagjibhai Baraiya on 11 October, 2021
Bench: A.G.Uraizee
C/FA/2105/2020 ORDER DATED: 11/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2105 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
In R/FIRST APPEAL NO. 2105 of 2020
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 1 of 2021
In R/FIRST APPEAL NO. 2105 of 2020
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THE NEW INDIA ASSURANCE CO LTD
Versus
KALUBHAI GAGJIBHAI BARAIYA
==========================================================
Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3
NOTICE UNSERVED(8) for the Defendant(s) No. 4,5
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CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE
Date : 11/10/2021
ORAL ORDER
Order in First Appeal.
Heard learned advocate for the appellant and
learned advocate for the respondents.
ADMIT.
Mr. Bhalodi, learned advocate waives service of
notice of admission on behalf of the respondent Nos. 1 to
3.
Order in Civil Application (For Stay) No.1 of 2020.
1. Heard learned advocate for the Insurance Company
and learned advocate for the claimants.
C/FA/2105/2020 ORDER DATED: 11/10/2021
2. Learned advocate for the Insurance Company
submits that the awarded amount of compensation along
with interest and costs is deposited in the Tribunal in
compliance of the order of this Court. Learned advocate
for the insurance company, therefore, submits that stay
granted earlier may be confirmed.
3. Learned advocate for the claimants confirms that
amount of compensation awarded by the learned Tribunal
is deposited in the Tribunal.
4. Having heard the learned advocates for the
respective parties and having considered the facts and
circumstances of the case, the stay granted earlier of the
impugned judgment and awarded is confirmed till the
final disposal of the appeal.
5. With the aforesaid directions, present Civil
Application stands disposed of. Rule is made absolute.
Order in Civil Application No.1 of 2021.
1. Heard learned advocate for the Insurance Company
and learned advocate for the claimants.
2. Learned advocate for the Insurance Company
submits that the awarded amount of compensation along
with interest and costs is deposited in the Tribunal in
C/FA/2105/2020 ORDER DATED: 11/10/2021
compliance of the order of this Court. Learned advocate
for the insurance company, therefore, submits that
necessary order for disbursement may be made.
3. Learned advocate for the claimants confirms that
amount of compensation awarded by the learned Tribunal
is deposited in the Tribunal. Learned advocate for the
claimants urges that 30% amount maybe disbursed in
favour of the claimants and remaining 70% amount of
compensation may be invested in cumulative fixed deposit
receipt in any nationalized bank.
4. Having heard the learned advocates for the
respective parties and having considered the facts and
circumstances of the case, the learned Tribunal shall
disburse 30% of the deposited amount to the claimants
and remaining 70% of the deposited amount shall be
invested in cumulative FDR in any nationalized bank
initially for a period of five years and thereafter renew
the same periodically till final disposal of the appeal and
the receipt to be kept in the custody of Nazir of the
concerned Tribunal.
5. With the aforesaid directions, present Civil Application
stands disposed of.
(A.G.URAIZEE, J)
SURESH SOLANKI
