United India Insurance Co.Ltd vs Meenaben Wd/O Ashokkumar Ratilal ...
2021 Latest Caselaw 13726 Guj

     C/FA/1910/2021                                         IA ORDER DATED: 09/09/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                     In R/FIRST APPEAL NO. 1910 of 2021
==========================================================

UNITED INDIA INSURANCE CO.LTD Versus MEENABEN WD/O ASHOKKUMAR RATILAL JARIWALA ========================================================== Appearance:

for the PETITIONER(s) No. MR GC MAZMUDAR for the PETITIONER(s) No. MR HARSHADRAY A DAVE for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 09/09/2021

IA ORDER

1. Heard learned advocate for the applicant-Insurance Company and learned advocate for the respondents- 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 28.7.2021 in Civil Application (For Stay) No.1 of 2020.

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-

C/FA/1910/2021 IA ORDER DATED: 09/09/2021

Insurance Company has deposited the entire amount of compensation with interest and cost in the Tribunal in compliance with order dated 28.7.2021, the stay of the operation and implementation of impugned judgment and order dated 27.3.2019 passed by the M.A.C.T. (Main) at Vodadara in M.A.C.P. No.932 of 1992 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, renew the same periodically till disposal of First Appeal No.1910/2021.

5. With the aforesaid directions, present Civil Application stands disposed of.

(A.G.URAIZEE, J) SURESH SOLANKI