Hdfc Ergo General Insurance ... vs Sanjaybhai Ramanbhai Harijan
2021 Latest Caselaw 17030 Guj

    C/FA/506/2020                              IA ORDER DATED: 28/10/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                    In R/FIRST APPEAL NO. 506 of 2020
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HDFC ERGO GENERAL INSURANCE COMPANY LTD Versus SANJAYBHAI RAMANBHAI HARIJAN ========================================================== Appearance:

MR MAULIK J SHELAT for the PETITIONER(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 : 28/10/2021 IA ORDER

1. Heard learned advocate for the Insurance Company. There is no appearance on behalf of respondent No.1-original claimant, through served. Respondent No.2-driver of the offending vehicle is unserved whereas, respondent No.3-owner of the offending vehicle has passed away. However, his presence is not necessary for the purpose of disposal of this application.

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.

C/FA/506/2020 IA ORDER DATED: 28/10/2021

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 five 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