Iffco Tokio General Insurance ... vs Vanrajsinh Punambhai Rathod
2021 Latest Caselaw 16823 Guj

     C/FA/803/2019                           ORDER DATED: 26/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                    R/FIRST APPEAL NO. 803 of 2019
                                 With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
                   In R/FIRST APPEAL NO. 803 of 2019
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       IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED
                            Versus
                VANRAJSINH PUNAMBHAI RATHOD
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
ADVOCATE NOTICE SERVED(81) for the Defendant(s) No. 1
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                         Date : 26/10/2021
                          ORAL ORDER

ORDER IN FIRST APPEAL

1. Heard learned advocate for the applicant. There is no appearance on behalf of the claimants, though served.

2. By an order dated 21.6.2021, notice was issued to the respondent to make an alternative arrangement for his representation in this appeal. Notice was duly served upon the respondent. However, he has not made any alternative arrangement for his representation.

3. Stand over to 23.11.2021.

4. The Secretary, District Legal Services Committee, Pancmahals is directed to contact the respondent and apprise him about the fact that his learned advocate is passed away and also that he has to make an alternative arrangement for his representation in this matter. He

C/FA/803/2019 ORDER DATED: 26/10/2021

should also be apprised of the fact that he may avail legal aid through High Court Legal Aid Committee.

ORDER IN CIVIL APPLICATION

1. Heard learned advocate for the applicant. There is no appearance on behalf of the claimants, though served.

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. He, therefore, submits that stay granted earlier may be confirmed.

3. Having heard the learned advocates for the applicant 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. Learned Tribunal is directed to invest entire awarded amount in cumulative FDR in any nationalized bank initially for a period of three years and thereafter renew the same periodically till final disposal of the appeal and the receipt to be kept in the custody of Nazir.

4. With the aforesaid directions, present Civil Application stands disposed of.

(A.G.URAIZEE, J) ALI