Gujarat High Court
Geetaben Kishorsinh Alias Keshubhai ... vs Icici Lombard General Insurance Co. Ltd on 14 July, 2025
NEUTRAL CITATION
C/SCA/8112/2025 ORDER DATED: 14/07/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 8112 of 2025
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GEETABEN KISHORSINH ALIAS KESHUBHAI PARMAR & ANR.
Versus
ICICI LOMBARD GENERAL INSURANCE CO. LTD.
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Appearance:
NISHIT A BHALODI(9597) for the Petitioner(s) No. 1,2
NOTICE SERVED for the Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 14/07/2025
ORAL ORDER
1. Heard Mr. Nishit Bhalodi learned advocate on record for the
petitioner-original claimants.
2. The notice issued by this Court upon the respondent-
Insurance company has been duly served. However, no
appearance has been entered objecting to the prayer sought for in
the present petition.
3. The present petition is filed under Article 226 and 227 of the
Constitution of India. Challenging the order dated 30.4.2025
passed by the Motor Accident Claims Tribunal, Panchmahal at
Godhra below Exh. 1 in MACMA No.582 of 2025. By the said
impugned order, the Tribunal has issued appropriate directions
to reinvest 70% of the FDR amount with the Nationalised Bank of
the choice of the original claimants in fixed deposit receipt for a
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C/SCA/8112/2025 ORDER DATED: 14/07/2025
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further period of five years and the remaining 30% of the amount
of the FDR is directed to be paid to the claimant No.1 .
4. Learned advocate at the outset has submitted that the
original claim petition was preferred by the present petitioner
being the original claimants praying for compensation against the
untimely death of the husband of petitioner No. 1 who had
expired in the Motor Vehicle Accident. The said claim petition was
registered as MACP No. 747 of 2015. The Tribunal vide judgment
and award dated 30.10.2018, was pleased to allow the Claim
Petition holding the original claimants entitled to amount of Rs.
12,39,600/- with proportionate cost and interest @ 9% per annum.
At that stage, the Tribunal had directed the release of 30% of the
aforesaid awarded amount in favour of the original claimants and
remaining 70% of the amount was directed to be invested in the
fixed deposit scheme with any nationalized bank. The original
claimants were held entitled to withdraw the amount of interest
accumulated thereon. The respondent- Insurance company being
aggrieved and dissatisfied with the aforesaid award had
approached in Appeal before this Court under Section 173 of the
Motor Vehicles Act., 1988 which was registered as First Appeal
No. 2611 of 2019.
4.1 Learned advocate had further pointed out that the aforesaid
Appeal was disposed of as withdrawn before the Lok Adalat.
According to learned advocate, in view of the disposal of the First
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C/SCA/8112/2025 ORDER DATED: 14/07/2025
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Appeal preferred at the instance of the Insurance Company
before the Lok Adalat, the Tribunal was bound to release the
entire awarded amount, however, the Tribunal without
appreciating the aforesaid directions while entertaining the
application preferred by the present petitioner-original claimants
seeking disbursement/withdrawal of the deposited awarded
amount, proceeded to pass the impugned order thereby directing
release of 30% of the deposited amount in favour of the claimants
whereas the 70% of the remaining amount was directed to be
reinvested in the FDR for further period of 5 years.
4.2 By referring to aforesaid dates, learned advocate has
submitted that the claimants have waited for substantial long
period of 10 years to realize the fruits of the award. The
claimants include the widowed wife and the son of the deceased.
He had further pointed out that the son has turned major and
therefore the release of the aforesaid amount at this stage shall be
utilized for his future engagements. He has therefore, urged this
Court to release the entire awarded amount.
5. Considering the aforesaid submissions, of learned advocate
appearing for the petitioners, in light of the findings and reasons
assigned by the learned judge, noticing the fact that the original
claim petition relates to the year 2015 and all through out these
years the substantial amount of the awarded amount has been
invested in the fixed deposit receipt, this Court is inclined to
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C/SCA/8112/2025 ORDER DATED: 14/07/2025
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accept the prayer made by the writ applicants seeking release of
the entire awarded amount. Noticing the fact that the widow has
advanced in age and the son has turned major, it would be in the
fitness of the circumstances for their social security benefits to
consider the prayer of release of the entire awarded amount at this
stage. Hence, the impugned order dated 3.4.2025 passed by the
Tribunal directing the investment of 70% of the remaining
deposited amount in the fixed deposit is hereby quashed and set
aside. The Tribunal is directed to release the entire awarded
amount in favour of the claimants.
6. The aforesaid directions may be complied with within a
period of 2 weeks from the date of receipt of this order. Needless
to clarify that the Tribunal shall pass appropriate orders with
regard to apportionment of the awarded amount in favour of the
respective claimants.
7. With these above observations, the present petition stands
disposed.
(NISHA M. THAKORE,J)
MARY VADAKKAN
