Hdfc Ergo General Insurance Co. ... vs Taufikmohammad Sabiroddin Malek
2021 Latest Caselaw 17118 Guj

    C/FA/2010/2021                             IA ORDER DATED: 29/10/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                                  In
                    R/FIRST APPEAL NO. 2010 of 2021
================================================================

HDFC ERGO GENERAL INSURANCE CO. LTD.

Versus TAUFIKMOHAMMAD SABIRODDIN MALEK ================================================================ Appearance:

for the PETITIONER(s) No. MR VIBHUTI NANAVATI for the PETITIONER(s) No. MR PARESH M DARJI for the RESPONDENT(s) No. MR RATHIN P RAVAL for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ================================================================ CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 29/10/2021 IA ORDER

1. Heard learned advocate for the applicant, learned advocate for the claimant and learned advocate for the respondent No.2-Insurance Company. There is no appearance on behalf of the other respondents who are served.

2. Respondent No.1 is not served however who is the driver/owner of truck bearing registration No.GJ958411 is not served. However, his presence is not necessary for the disposal of this application.

3. Learned advocate for the applicant submits that the amount of compensation with interest and costs is deposited in the tribunal in compliance of order of this Court. It is urges that the stay of the impugned judgment granted earlier may be confirmed till the disposal of the appeal.

4. Learned advocate for the claimant submits that 30% of the deposited amount may be disbursed in favour of the claimants and remaining 70% of the amount may be

C/FA/2010/2021 IA ORDER DATED: 29/10/2021

invested in the non cumulative fixed deposit and interest may be allowed to claimants.

5. Having heard learned advocates for the respective parties and having considered the facts and circumstances of the case, the Tribunal is directed to disburse 30% of the deposited amount in favour of the claimants and invest remaining 70% of the amount in non cumulative fixed deposit receipt in any nationalized bank to be kept in custody of Nazir, initially for a period of three years, and thereafter, renew the same periodically till disposal of the First Appeal. The periodical interest accrued on the fixed deposit is ordered to be released in favour of the claimants.

6. The stay of operation, implementation and execution of the impugned judgment and order granted earlier is confirmed till disposal of the appeal.

7. With the aforesaid directions, the application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J)

Manoj