Shriram General Insurance ... vs Arvindbhai Alias Amarsinh ...
2023 Latest Caselaw 3578 Guj

     C/FA/906/2023                       ORDER DATED: 28/04/2023




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/FIRST APPEAL NO. 906 of 2023
                          With
      CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
            In R/FIRST APPEAL NO. 906 of 2023
                          With
             R/FIRST APPEAL NO. 907 of 2023
                          With
      CIVIL APPLICATION (FOR STAY) NO. 2 of 2022
            In R/FIRST APPEAL NO. 907 of 2023

======================================
      SHRIRAM GENERAL INSURANCE COMPANY LIMITED
                          Versus
   ARVINDBHAI ALIAS AMARSINH FATESINH GOHIL FATHER
======================================
Appearance:
MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1
MR A R DWIVEDI(11319) for the Defendant(s) No. 1,2
RULE NOT RECD BACK for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 4
======================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                     Date : 28/04/2023

                       ORAL ORDER

1. Learned advocate Mr. R. G. Dwivedi for the respondent

Nos. 1 and 2 submitted that challenge has been given to the

order under Section 140 of the Motor Vehicles Act, 1988 (MV

Act). He submits that now, the arguments are concluded and

the matters are on the stage of judgment but because of

pendency of these matters, he submitted that the issue which

C/FA/906/2023 ORDER DATED: 28/04/2023

has been raised, would remain undecided and therefore, he

urged to pass necessary orders.

2. However, learned advocate Ms. Kirti Pathak for the

appellant submits that certain objections have been raised

with regard to the policy.

3. Challenge is given to the interim compensation. The

disputes are to be resolved during the trial. Thus, in the

interest of the parties, it would be necessary that the final

decision be taken with regard to the money granted under

Section 140 of the MV Act by the Tribunal. Thus, in the result,

the money, as deposited under Section 140 of the MV Act be

invested in a Fixed Deposit in the name of the Nazir of the

Tribunal till the final disposal of the Motor Accident Claim

Petitions.

4. With aforesaid, the first appeals are disposed. Notice of

admission is discharged.

4.1 In view of main appeals are disposed of, Civil Applications

therein, also stand disposed of. Rule is discharged.

C/FA/906/2023 ORDER DATED: 28/04/2023

4.2 Registry to return the R&P to the Tribunal concerned

forthwith.

[ Gita Gopi, J. ] hiren /127-128