Chairman Gujarat State Road ... vs Girishkumar Mahendrabhai ...
2021 Latest Caselaw 13143 Guj

       C/FA/405/2021                                 IA ORDER DATED: 01/09/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 2 of 2021
                In R/FIRST APPEAL NO. 405 of 2021
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GIRISHKUMAR MAHENDRABHAI CHAUHAN Versus CHAIRMAN GUJARAT STATE ROAD TRANSPORT CO LTD ========================================================== Appearance:

MR MAKBUL I MANSURI for the PETITIONER(s) No. MR NIRAL R MEHTA for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 01/09/2021

IA ORDER

Heard learned advocates for the respective parties.

2. In this application, the claimant has prayed for disbursement of the amount of compensation deposited by the insurance company.

2.1 While granting the stay of the impugned judgment and award of the Motor Accident Claims Tribunal, this court put a condition of depositing the awarded amount. Accordingly, the respondent insurance company has deposited the amount with costs and interest with the Tribunal concerned, it was stated before the court.

3. The issue involved in the main appeal is about negligence. The said are main aspects of merit in the appeal preferred by the insurance company.

4. On one hand the amount of compensation awarded by the Claims Tribunal is deposited by the insurance company, and on the other hand,

C/FA/405/2021 IA ORDER DATED: 01/09/2021

the appeal of the insurance company is pending and would take time before it is finally decided. In that view, if part of the deposited amount is disbursed in favour of the claimant in the interregnum to his benefit, the same shall serve the ends of justice. Therefore, the following directions are issued,

(i) Out of the total deposited amount by the appellant insurance company, the Tribunal shall disburse 30% of the amount in favour of the claimant after verifying his identity, following necessary procedure and by issuing account payee cheque in his name.

(ii) The remainder 70% amount shall be deposited with the nationalised bank in a fixed deposit of non-cumulative nature.

(iii) The Fixed Deposit shall be created initially for a period of one year and renewable subject to further orders.

(iv) The claimant shall be entitled to earn periodical interest which may accrue on the invested amount.

(v) The Fixed Deposit receipts shall remain in the custody of the Nazir of the Claims Tribunal and the same shall not be permitted to be utilised to raise any loan or finance or for any other such purpose without permission of the court.

5. The present application stands allowed and disposed of in the aforesaid terms.

(N.V.ANJARIA, J) C.M. JOSHI