New India Assurance Co. Ltd., vs Laxmiben Somjibhai Vadvi
2021 Latest Caselaw 17036 Guj

     C/FA/2216/2018                               IA ORDER DATED: 28/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
                     In R/FIRST APPEAL NO. 2216 of 2018
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NEW INDIA ASSURANCE CO. LTD., Versus LAXMIBEN SOMJIBHAI VADVI ========================================================== Appearance:

MR AJAY R MEHTA for the PETITIONER(s) No. RULE NOT RECD BACK 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 : 28/10/2021

IA ORDER

1. Heard learned advocate for the applicant. Though served, there is no appearance on behalf of the respondent Nos. 2,4 and 7. The respondent Nos. 1 and 3 have passed away however, respondent Nos. 2 and 4 are legal heirs of the deceased respondent Nos. 1 and 3, who are served.

2. Learned advocate for the Insurance Company 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.

3. Learned advocate for the claimants confirms that

C/FA/2216/2018 IA ORDER DATED: 28/10/2021

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. It is clarified that this order will not preclude the claimants from filing application for disbursement of the amount which shall be decided in accordance with law.

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

(A.G.URAIZEE, J) SURESH SOLANKI