National Insurance Co Ltd vs Gauriben Ramjibhai Dhola
2021 Latest Caselaw 13724 Guj

      C/FA/39/2019                              ORDER DATED: 09/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 39 of 2019

                                  With

              CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
                                  In
                     R/FIRST APPEAL NO. 39 of 2019
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                     NATIONAL INSURANCE CO LTD
                                Versus
                     GAURIBEN RAMJIBHAI DHOLA
==========================================================
Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1,2,3,4,5
NOTICE UNSERVED(8) for the Defendant(s) No. 6
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 CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                            Date : 09/09/2021

                             ORAL ORDER

Order in First Appeal No.39 of 2019

Heard Mr. Palak H. Thakkar, learned advocate for

the appellant and Mr. Hiren M. Modi, learned advocate

for the respondent Nos.1 to 5.

ADMIT.

Mr. Modi, learned advocate waives service of notice

of admission for the respondent No.1 to 5.

Order in Civil Application No. 1 of 2018.

1. Heard learned advocate for the applicant-Insurance Company and learned advocate for the respondents-

C/FA/39/2019 ORDER DATED: 09/09/2021

claimants.

2. Learned advocate for the applicant-Insurance Company submits that the Insurance Company has deposited the entire amount of compensation in compliance of the order dated 29.3.2019 in Civil Application (For Stay) No.1 of 2018.

3. Learned advocate for the respondent-claimants confirms that the amount is deposited in the Tribunal.

4. Having heard learned advocates for the respective parties and having considered the fact that the applicant- Insurance Company has deposited the entire amount of compensation with interest and cost in the Tribunal in compliance with order dated 29.3.2019, the stay of the operation and implementation of impugned judgment and order dated 27.7.2018 passed by the M.A.C.T. (Aux.) Bhavnagar in M.A.C.P. No.898 of 2005 is confirmed till the disposal of the appeal.

5. In the facts and circumstances of the case, the Tribunal is directed to disburse 30% of the deposited amount in favour of the respondents-claimants after proper verification and to invest remaining 70% of the amount in cumulative fixed deposit receipt in any nationalized bank and the receipt to be kept in custody of Nazir, initially for a period of five years, and thereafter,

C/FA/39/2019 ORDER DATED: 09/09/2021

renew the same periodically till disposal of First Appeal No.39/2019.

6. The application stands disposed of.

(A.G.URAIZEE, J) SURESH SOLANKI