Gujarat State Road Transport ... vs Manjuben Jyantibhai Prajapati
2021 Latest Caselaw 16918 Guj

     C/FA/2532/2021                               ORDER DATED: 27/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 2532 of 2021
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                   In R/FIRST APPEAL NO. 2532 of 2021
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       GUJARAT STATE ROAD TRANSPORT CORPORATION LTD
                           Versus
               MANJUBEN JYANTIBHAI PRAJAPATI
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Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
for the Defendant(s) No. 4
RULE NOT RECD BACK(63) for the Defendant(s) No. 1,2,3
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                            Date : 27/10/2021

                             ORAL ORDER

ORDER IN FIRST APPEAL

Heard learned advocate for the appellant. Draft amendment is allowed.

Amendment to be carried out forthwith.

ORDER IN CIVIL APPLICATION

Heard learned advocate for the applicant. Draft amendment is allowed.

Amendment to be carried out forthwith. Remarks in the board shows that the rule is not received back for respondent Nos. 1 to 3. However, perusal of the record reveals that they are served.

Learned advocate for the Insurance Company

C/FA/2532/2021 ORDER DATED: 27/10/2021

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.

Learned advocate for the claimants confirms that amount of compensation awarded by the learned Tribunal is deposited in the Tribunal.

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.

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

(A.G.URAIZEE, J) SURESH SOLANKI