Gujarat High Court
Ismilbhai Musabhai Ghanchi vs Dipakkumar Dhanjibhai ... on 15 September, 2022
Bench: Gita Gopi
C/SCA/18366/2022 ORDER DATED: 15/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 18366 of 2022
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ISMILBHAI MUSABHAI GHANCHI
Versus
DIPAKKUMAR DHANJIBHAI KHANJARIYA
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Appearance:
MR. YOGENDRA THAKORE(3975) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 15/09/2022
ORAL ORDER
1. Heard learned Advocate for the petitioner Mr.
Yogendra Thakore, who submits that the M.A.C.P.
No.165 of 2010 was partly allowed by the Motor
Accident Claims Tribunal (Main), Mehsana on
26.05.2016, wherein by the said judgment and award,
a compensation amount of Rs.2,00,000/- was granted,
from the date of filing of the petition. Aggrieved by
the said order, the Insurance Company had preferred
a First Appeal No.3071 of 2019 which subsequently
came to be withdrawn in the Lok Adalat on
26.06.2022.
2. It is submitted that a Conciliation Order was passed
C/SCA/18366/2022 ORDER DATED: 15/09/2022
in the Lok Adalat and accordingly, the amount lying
with the Bank in the form of Fixed Deposit Receipt
was to be disbursed in favour of the claimant by way
of an account payee cheque and/or RTGS and/or
NEFT. It is also submitted that inspite of a clear
order of the Court in the Lok Adalat, the learned
Tribunal while passing the order on the payment
application, thereafter again ordered for depositing
the 70% money in the FDR. It is also submitted that
this has been done disregarding the order passed in
the Lok Adalat.
3. On going through the records of the case, it appears
that an application was moved vide an Affidavit by
the Advocate on 12.07.2022 and it was urged before
the learned Tribunal for payment of the total amount
in accordance with the order passed in the Lok
Adalat.
4. Referring to the order on the above application, it is
submitted by learned Advocate Mr. Yogendra Thakore
that the learned Tribunal could not comprehend the
order and got mixed up with the terms
'disbursement' and 'apportionment' It is further
C/SCA/18366/2022 ORDER DATED: 15/09/2022
submitted that it is a case of injury and therefore,
there would be only one claimant. Hence, considering
the meaning of the term 'apportionment', 100%
amount was to be granted to the claimant and that
the order was very clear and specific and to disburse
the amount which was lying in the FDR, which itself
meant that the total amount was to be paid to the
claimant.
5. The order dated 26.06.2022 passed in the Lok Adalat
reads as under :-
"This First Appeal filed under Section 173(1) of the
Motor Vehicles Act, 1988, against the judgment and
award dated 26.05.2016 passed in M.A.C.P.
No.165/2010 partially allowing the claim petition or
compensation and seeking enhancement of
compensation.
This appeal coming on for conciliation before Lok
Adalat, the following order is passed :
CONCILIATION ORDER
The matter is taken up for hearing in Lok Adalat.
Learned advocate, Mr. G.C. Majmudar for the
appellant has tendered withdrawal purshis dated
26.06.2022, seeking withdrawal of the present appeal.
The withdrawal purshis is taken on record.
In view of above, the present First Appeal stands
C/SCA/18366/2022 ORDER DATED: 15/09/2022
disposed of as withdrawn. It is made clear that this
withdrawal shall not be treated as precedent by either
side and it will not affect any connected matter/s or
any other proceeding pending before any other Court
or Tribunal.
Necessary court fees, if any, be reimbursed as per
Section 21(1) of the Legal Services Authorities Act,
1987 through an electronic mode to the appellant.
Since the Appeal is withdrawn, the claim amount, if
any, lying with the Bank in the form of FDRs either
with the Tribunal or with the Nazir Branch of the
Court, may be disbursed in favour of the original
claimant/s after due verification by way of an Account
Payee Cheque and/or RTGS and/or NEFT. The
apportionment of the awarded amount, if any, shall be
in the very terms, as ordered by the Tribunal in the
original award.
Record and proceedings, if any, shall be remitted back
to the concerned Tribunal forthwith."
6. While passing the award on 26.05.2016 in M.A.C.P.
No.165 of 2010, the learned Tribunal had granted
Rs.2,00,000/- as compensation amount with rate of
interest @ 9% per annum from the date of filing of
the Claim Petition till its realization to the claimant
and 30% amount was to be paid to the claimant as
cash amount by account payee cheque and remaining
70% was ordered to be kept in Fixed Deposit Receipt,
in any nationalized Bank for a period of five years
which accordingly, would have been followed.
C/SCA/18366/2022 ORDER DATED: 15/09/2022
7. The order in the Lok Adalat by this Court clearly
specifies that the amount lying in the Bank in the
form of Fixed Deposit Receipt either with the
Tribunal or with the Nazir Branch of the Court be
disbursed in favour of the original claimant.
Accordingly, according to the judgment and award,
70% amount was to be put up in Fixed Deposit
Receipt, in compliance of the judgment and award of
the Tribunal dated 26.05.2016. The withdrawal of
the First Appeal was on 26.06.2022. Accordingly, the
Fixed Deposit Receipt (FDR) would have been for the
years 2016 to 2022. Hence, the initial period of 5
years of the FDR would have got completed and the
order of this Court in the Lok Adalat itself clarifies
that the amount lying the FDR was to be disbursed
to the original claimant. The proportionate amount
would be in the context of the sole claimant which
would be 100%. Hence, the total amount lying in
the FDR was required to be disbursed to the
claimant. There would be no question of any
proportionate claim amount since the claimant was
before the learned Tribunal in an injury case.
Hence, it is clear that the Tribunal while passing the
C/SCA/18366/2022 ORDER DATED: 15/09/2022
impugned order on 26.07.2022 in M.A.C.M.A. No.366
of 2022 has been erroneous.
8. In view of the above, the order dated 26.07.2022
passed by the learned Motor Accident Claims Tribunal
(Aux.), Mehsana in MACMA No.366 of 2022 is
quashed and set aside. Resultantly, the total amount
in the FDR is ordered to be granted to the claimant
alongwith the credited interest. The total amount of
the FDR lying in the Nazir appears to be
Rs.3,76,452/- which is lying in the name of the
claimant by taking into consideration the amount
towards Court fees. The above exercise be
undertaken and be completed within a period of one
month from the date of receipt of writ of the order
of this Court.
9. With the aforesaid direction, this petition stands
disposed of. Direct Service is permitted.
Sd/-
(GITA GOPI, J)
CAROLINE
