The New India Assurance Co Ltd vs Anjuben Wd/O Mahendrakumar ...
2021 Latest Caselaw 16839 Guj

    C/FA/484/2021                              IA ORDER DATED: 26/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                    In R/FIRST APPEAL NO. 484 of 2021
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THE NEW INDIA ASSURANCE CO LTD Versus ANJUBEN WD/O MAHENDRAKUMAR NAROTTAMDAS PATEL ========================================================== Appearance:

for the PETITIONER(s) No. MR TANMAY B KARIA for the PETITIONER(s) No. MR PALAK H THAKKAR for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. RULE UNSERVED 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 and learned advocate for respondent No.4. There is no appearance on behalf of respondent No.1- original claimant and respondent No.2-driver of the offending vehicle, though served. Presence of respondent No.3-owner of the offending vehicle is not necessary for the disposal of this application.

2. Learned advocate for the applicant 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 advocate for the applicant and having considered the facts and

C/FA/484/2021 IA ORDER DATED: 26/10/2021

circumstances of the case, the stay granted earlier of the impugned judgment and awarded is confirmed subject to further order that may be passed by this Court. Learned Tribunal is directed to invest entire awarded amount in cumulative FDR in any nationalized bank initially for a period of two 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. Rule is made absolute.

(A.G.URAIZEE, J) ALI