Royal Sundaram Alliance ... vs Santoshbhai Manubhai Rathwa
2021 Latest Caselaw 16711 Guj

     C/FA/2192/2021                               IA ORDER DATED: 25/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                     In R/FIRST APPEAL NO. 2192 of 2021
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ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY Versus SANTOSHBHAI MANUBHAI RATHWA ========================================================== Appearance:

for the PETITIONER(s) No. MR DAKSHESH MEHTA for the PETITIONER(s) No. RULE SERVED for the RESPONDENT(s) No. UNSERVED EXPIRED (R) for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 25/10/2021

IA ORDER

1. Heard learned advocate for the Insurance Company. Though served there is no appearance on behalf of the respondent Nos.1, 3 and 5. Respondent No.4 owner of the offending vehicle has passed away. However, presence of his legal heirs is not necessary for the purpose of disposal of present application.

2. Learned advocate for the Insurance Company submits that the awarded amount of compensation along with interest and proportionate 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. Having heard the learned advocate for the insurance

C/FA/2192/2021 IA ORDER DATED: 25/10/2021

company 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 with liberty in favour of the claimants to move an appropriate application for disbursement of amount. The Tribunal is directed to invest the amount deposited by the insurance company in cumulative Fixed Deposit Receipts in any Nationalized Bank for a period of three years.

4. With the aforesaid directions, present Civil Application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) SURESH SOLANKI