Gujarat High Court
Moriyaben Alias Kamlaben Wd/O Ramanji ... vs New India Assurance Co. Ltd on 29 November, 2023
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
C/SCA/19220/2023 ORDER DATED: 29/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 19220 of 2023
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MORIYABEN ALIAS KAMLABEN WD/O RAMANJI MANAJI VANZARA
Versus
NEW INDIA ASSURANCE CO. LTD.
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Appearance:
NISHIT A BHALODI(9597) for the Petitioner(s) No. 1,2,3,4,5
NOTICE SERVED BY DS for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 29/11/2023
ORAL ORDER
1. By way of this petition, the petitioners have made a
prayer to quash and set aside the order dated
06.09.2023 passed by the learned Motor Accident
Claims Tribunal, Vadodara in M.A.C.M.A No.1333 of
2022 and issue directions to the learned Tribunal /
concerned Bank to allow the petitioner-claimants to
withdraw the entire amount lying in Fixed Deposit
Receipt (FDR).
2. Heard learned Advocate for the petitioners Mr. Nishit
A. Bhalodi who submits that a prayer was made for
the amount deposited by the Insurance Company with
interest, by moving an application on 30.12.2022. It
NEUTRAL CITATION
C/SCA/19220/2023 ORDER DATED: 29/11/2023
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is further submitted that originally the M.A.C.P.
No.1107 of 1993 was filed, the accident had occurred
on 06.11.1992 and the challenge was given to the
Award by filing First Appeal No.1552 of 2004. The
petitioners had moved First Appeal No.1147 of 2005
for enhancement of compensation amount and on
21.03.2016, the Appeal of the other side came to be
rejected while Rs.30,000/- was ordered to be
enhanced with interest of 7.5% per annum.
3. It is further submitted that as per the order, the
amount ordered as Rs.4,06,520/- and the enhanced
amount of Rs.22,382/- was ordered to be placed in
FDR. After a long period, a prayer was made for
release of the amount before the learned Tribunal.
However, the learned Judge directed for deposit of
70% of the amount in FDR and only 30% was
ordered to be given by way of RTGS / NEFT. It is
also submitted that the petitioners are five in number
and after a long period of litigation, if the funds are
not released, the parties would be at sufferance. It
is further submitted that discretion was required to be
exercised by the learned Tribunal to release that
amount. Learned Advocate Mr. Bhalodi has referred
NEUTRAL CITATION
C/SCA/19220/2023 ORDER DATED: 29/11/2023
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to the judgment of the Hon'ble Apex Court in the
case of A.V. Padma & Ors. Vs. R. Venugopal & Ors.,
reported in (2012) 3 SCC 378.
4. Notice has been sent other side, which has been duly
served. The Affidavit of service shows that the
respondent No.1 has been served on 06.11.2023.
5. Heard the submissions canvassed, perused the record
of the case. The matter is of the year 1993 and
initially, the amount was deposited in FDR and
disbursed. The petitioners-claimants are five in
number. In view of 30 years of litigation, further
deposit of the amount in an FDR would add to the
grievances and trauma of the petitioners.
6. In view of the above, it is ordered that the amount
deposited in FDR by way of disbursement order dated
06.09.2023 be paid to the petitioners - claimants
alongwith the interest accrued thereon. The said
amount be transferred to the Savings Bank account/s
of the individual claimants.
NEUTRAL CITATION
C/SCA/19220/2023 ORDER DATED: 29/11/2023
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7. The order dated 06.09.2023 passed by the learned
Motor Accident Claims Tribunal, Vadodara in
M.A.C.M.A No.1333 of 2022 stands modified to the
above extent.
8. The petition succeeds in the aforesaid terms. Direct
Service is permitted.
Sd/-
(GITA GOPI, J)
CAROLINE
