The New India Insurance Company ... vs Mukeshbhai Mansingbhai Patel ...
2021 Latest Caselaw 13636 Guj

    C/FA/1882/2021                              IA ORDER DATED: 08/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


               CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                    In R/FIRST APPEAL NO. 1882 of 2021
==========================================================

THE NEW INDIA INSURANCE COMPANY LIMITED Versus MUKESHBHAI MANSINGBHAI PATEL (FATHER) ========================================================== Appearance:

for the PETITIONER(s) No. MANDEEP SINGH SALUJA for the PETITIONER(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RULE NOT RECD BACK for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 08/09/2021 IA ORDER

1. Heard learned advocate for the Insurance Company and learned advocate for the claimants.

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. He, therefore, submits that necessary order for disbursement may be made and stay granted earlier may be confirmed till the final disposal of the appeal. Learned advocate for the claimants confirms that amount of compensation awarded by the learned Tribunal is deposited in the Tribunal. He urges that 30% amount maybe disbursed in favour of the claimants and remaining 70% amount of compensation

C/FA/1882/2021 IA ORDER DATED: 08/09/2021

may be invested in cumulative fixed deposit receipt in any nationalized bank.

3. 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 FDR in any nationalized bank which shall be renewed periodically till final disposal of the appeal and the same shall not be encased by the claimants till the final disposal of the appeal.

4. Accordingly, the stay granted earlier of the impugned judgment and award is confirmed till the final disposal of the appeal. Rule is made absolute.

(A.G.URAIZEE, J)

ALI