National Insurance Company Ltd. vs Shantaben Amrutlal Prajapati
2021 Latest Caselaw 17041 Guj

      C/FA/1227/2018                                IA ORDER DATED: 28/10/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                 CIVIL APPLICATION (FOR STAY) NO. 3 of 2018
                      In R/FIRST APPEAL NO. 1227 of 2018
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NATIONAL INSURANCE COMPANY LTD.

Versus SHANTABEN AMRUTLAL PRAJAPATI ========================================================== Appearance:

for the PETITIONER(s) No. MR DAKSHESH MEHTA for the PETITIONER(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. Respondent Nos. 1 to 3 original claimants are unserved, as the R.P.A.D. cover has come back with remarks "not known". The respondent No.4 has passed away as per the endorsement on the R.P.A.D. cover.

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. Learned advocate for the Insurance Company further submits that the respondent Nos. 1 to 3 original claimants though unserved in this application, have filed independent appeal being First Appeal No. 2735 of 2018 in respect of the selfsame impugned judgment and award. He,

C/FA/1227/2018 IA ORDER DATED: 28/10/2021

therefore, urges that the stay of the impugned judgment and award granted earlier may be confirmed till disposal of the appeal and the amount deposited by the insurance company in the tribunal may be invested in cumulative fixed deposit.

3. In view of the above and considering the fact that the respondent Nos. 1 to 3 though unserved have already preferred separate independent application in respect of selfsame impugned judgment and award, stay granted earlier of the impugned judgment and award is confirmed till final disposal of the appeal. 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 subject to other / further orders that may be passed by the Court.

4. It is clarified that this order shall not preclude the respondent Nos. 1 to 3 original claimants from preferring application for disbursement of the deposited amount which shall be considered 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