United India Insurance Company ... vs Jiluben Abdulbhai Payak
2021 Latest Caselaw 17038 Guj

     C/FA/2361/2021                                  IA ORDER DATED: 28/10/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 2 of 2021
                In R/FIRST APPEAL NO. 2361 of 2021
==========================================================

JILUBEN ABDULBHAI PAYAK Versus UNITED INDIA INSURANCE COMPANY LTD ========================================================== Appearance:

MR GAURANG K CHAUHAN for the PETITIONER(s) No. MR GC MAZMUDAR for the RESPONDENT(s) No. MR MAULIK J SHELAT for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 28/10/2021

IA ORDER

1. Heard learned advocate for the parties.

2. Learned advocate for the insurance company submits that the entire awarded amount of compensation along with interest and proportionate costs is deposited by the insurance company in the Tribunal in compliance of the order of this Court.

3. Learned advocate for the claimants confirms that amount of compensation awarded by the learned Tribunal is deposited in the Tribunal. Learned advocate for the claimants urges that while confirming stay of impugned judgment and award by order dated 13.10.2021, this Court directed the tribunal to invest the deposited amount in Fixed Deposit Receipts for period of three

C/FA/2361/2021 IA ORDER DATED: 28/10/2021

years. He submits that considering the legal issue involved in the appeal, usual order of disbursement may be passed and 30% amount may be disbursed in favour of the claimants and remaining 70% amount of compensation may be invested in cumulative fixed deposit receipt in any nationalized bank for a period of five years.

4. Having heard the learned advocates for the respective parties and having considered the facts and circumstances of the case, the learned Tribunal shall disburse 30% of the deposited amount to the claimants and remaining 70% of the deposited amount shall be invested in cumulative FDR in any nationalized bank initially for a period of five years and thereafter renewed the same periodically till final disposal of the appeal and the receipt to be kept in the custody of Nazir of the concerned Tribunal.

5. Accordingly, present Civil Application stands disposed of.

(A.G.URAIZEE, J) SURESH SOLANKI