The United India Insurance ... vs Kasni Harisng Alias Chatur ...
2021 Latest Caselaw 14832 Guj

     C/FA/1918/2021                            IA ORDER DATED: 22/09/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
               CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
                                   In
                     R/FIRST APPEAL NO. 1918 of 2021
================================================================

THE UNITED INDIA INSURANCE COMPANY LTD Versus KASNI HARISNG ALIAS CHATUR BHIL/PALAS ================================================================ Appearance:

for the PETITIONER(s) No. MR MAULIK J SHELAT for the PETITIONER(s) No. MR.HIREN M MODI for the RESPONDENT(s) No. NOTICE UNSERVED for the RESPONDENT(s) No. ================================================================ CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 22/09/2021 IA ORDER

1. Heard learned advocates for the parties.

2. The present application is preferred for withdrawal of the amount of compensation which the Insurance Company has deposited in the tribunal in compliance of order of this Court.

3. Learned advocate for the claimant submits that 30% of the deposited amount may be disbursed in favour of the claimants and remaining 70% of the amount may be invested in the cumulative fixed deposit.

4. Learned advocate for the Insurance Company submits that usual order for disbursement may be passed and remaining amount may be invested in cumulative fixed deposit.

5. Having heard learned advocates for the respective parties and having considered the facts and circumstances of the case, the Tribunal is directed to disburse 30% of the

C/FA/1918/2021 IA ORDER DATED: 22/09/2021

deposited amount in favour of the claimants and invest remaining 70% of the amount in cumulative fixed deposit 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 the First Appeal.

6. The stay of operation, implementation and execution of the impugned judgment and order granted earlier is confirmed till disposal of the appeal.

7. With the aforesaid directions, the application stands disposed of. Rule is made absolute to the aforesaid extent.

(A.G.URAIZEE, J)

Manoj