National Insurance Co Ltd vs Mahendrabhai Narendrabhai Patel
2021 Latest Caselaw 16838 Guj

     C/FA/1812/2021                                 IA ORDER DATED: 26/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                     In R/FIRST APPEAL NO. 1812 of 2021
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NATIONAL INSURANCE CO LTD Versus MAHENDRABHAI NARENDRABHAI PATEL ========================================================== Appearance:

for the PETITIONER(s) No. MR VC THOMAS for the PETITIONER(s) No. MR GC MAZMUDAR for the RESPONDENT(s) No. MR HARSHADRAY A DAVE for the RESPONDENT(s) No. MR.KRUTIK A PARIKH for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. UNSERVED EXPIRED (R) for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 26/10/2021

IA ORDER

1. Heard learned advocate for the Insurance Company. Mr. Harshadray A. Dave, learned advocate for the respondent No.1 and Mr. G.C. Mazmudar, learned advocate for the respondent No.7- insurnace company are absent. The respondent No.5 has passed away whereas respondent No.8 is not served. Presence of legal heirs of deceased respondent No.5 is not necessary for the purpose of disposal of present appeal.

2. Learned advocate for the Insurance Company submits that the awarded amount of compensation along with interest and proportionate costs is deposited in the

C/FA/1812/2021 IA ORDER DATED: 26/10/2021

Tribunal in compliance of the order of this Court. Learned advocate for the Insurance Company, therefore, submits that stay granted earlier may be confirmed till final disposal of the appeal qua applicant.

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 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.

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

(A.G.URAIZEE, J) SURESH SOLANKI