The Oriental Insurance Company ... vs Patel Mittalben Kishorbhai
2021 Latest Caselaw 13864 Guj

     C/FA/1533/2021                                 IA ORDER DATED: 13/09/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 2 of
                                 2021
                                   In
                     R/FIRST APPEAL NO. 1533 of 2021
================================================================

PATEL MITTALBEN KISHORBHAI Versus THE ORIENTAL INSURANCE COMPANY LIMITED ============================================================================== Appearance:

MR AV PRAJAPATI for the PETITIONER(s) No. MR ANAL S SHAH for the RESPONDENT(s) No. ================================================================ CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE Date : 13/09/2021 IA ORDER

1. Rule. Mr. Anal S. Shah, learned advocate waives service of notice of rule on behalf of the respondent-Insurance Company.

2. The claimant has preferred the present application for disbursement of amount with the respondent-Insurance Company has deposited in the tribunal in compliance of order dated 05.08.2021.

3. The respondent-Insurance Company has assailed the judgment and award dated 08.06.2020 passed by the MACT (Main) Sabarkantha at Himatnagar in MACP No.348/2015 whereunder the respondent-Insurance Company and other respondents are directed to pay a sum of Rs.3,87,460/- to the applicant with 9% interest and proportionate costs for having suffered bodily injury in vehicular accident. The Insurance Company has deposited entire amount of compensation with interest and costs int the tribunal in compliance of order of this Court.

4. Mr. Prajapati, learned advocate for the applicant submits that 30% amount from deposited amount of compensation may be released in favour of the applicant and remaining 70% amount may be invested in non cumulative fixed deposit and periodically accrued interest may be ordered to be released in favour of the applicant.

C/FA/1533/2021 IA ORDER DATED: 13/09/2021

5. Mr. Anal Shah, learned advocate for the Insurance Company submits that so far as, order of 70/30 is passed, he has no objection. However, he submits that 70% amount may be invested in cumulative fixed deposit. He submits that the claimant is not entitled to any future loss of income as from the evidence of the applicant it is emerged that after suffering the injuries in the accident, there is an increase in her income. He, therefore, submits that as such the applicant has not suffered any loss in her income due to the disability.

6. The arguments canvassed by Mr. Shah, learned advocate touches the merit of the appeal. In fact it is main ground raised in appeal to assail the judgment of the tribunal. I am, therefore, of the view that usual order of disbursement needs to be passed in the application keeping the submission of Mr. Shah, learned advocate open to be agitated in appeal.

7. In view of the above, the application is allowed. Tribunal is directed to disburse 30% of the deposited amount in favour of the applicant-claimant and to invest remaining 70% of the amount in cumulative fixed deposit and receipt in any nationalized bank 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.1533/2021.

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

(A.G.URAIZEE, J)

Manoj