Gujarat High Court
United India Insurance Co.Ltd vs Fatmaben Ismailbhai & 6 on 19 February, 2007
Author: M.S.Shah
Bench: M.S.Shah, Akil Kureshi
FA/1915/2006 1/3 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL No. 1915 of 2006
With
CIVIL APPLICATION No. 7247 of 2006
In
FIRST APPEAL No. 1915 of 2006
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UNITED INDIA INSURANCE CO.LTD. - Appellant(s)
Versus
FATMABEN ISMAILBHAI & 6 - Defendant(s)
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Appearance :
MS AMEE YAJNIK for Appellant(s) : 1,
None for Defendant(s) : 1 - 7.
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CORAM : HONOURABLE MR.JUSTICE M.S.SHAH
and
HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 19/02/2007
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE M.S.SHAH) FIRST APPEAL No. 1915 of 2006 The appeal is admitted.
CIVIL APPLICATION No. 7247 of 2006 Rule returnable forthwith. Mr Sunil Parikh waives service of Rule for respondent Nos. 1 to 6 (original claimants). The presence of respondent No.7 is not necessary at the hearing of the stay application.
This is an application for interim stay of another award passed by Mr M.S. Shaikh.
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FA/1915/2006 2/3 ORDER
In the facts and circumstances of the case, on condition that the applicant - Insurance Company deposits with the Tribunal a sum of Rs.6,00,000/- with proportionate costs and interest at the rate of 9% from the date of the claim petition till the date of deposit by 16th March, 2007, there shall be interim stay of execution of the award under challenge in the First Appeal.
The amount deposited before this Court by the applicant - Insurance Company at the time of filing the First Appeal shall also be transmitted to the Tribunal within the above time limit.
Upon deposit/transmission of the amounts as aforesaid, after deducting the amount of court fee, if any required to be deducted, and after paying claimant No.1 (widow of the deceased) the costs awarded by the Tribunal plus 10% of the amount of compensation and interest, the Tribunal shall invest the balance amounts in several fixed deposits with a nationalized bank near the residence of the claimants for a period of five years, to be renewed till final disposal of the appeal, with usual conditions about prohibition against premature encashment of/encumbrance over the deposits, with permission to claimant No. 1 (widow of the deceased) to withdraw interest periodically accruing on the fixed deposits and with a direction to the bank not to permit the accounts to be operated by any power of attorney HC-NIC Page 2 of 3 Created On Thu Dec 07 23:54:44 IST 2017 FA/1915/2006 3/3 ORDER holder other than a close relative of the claimants.
The disbursement shall be made by an account payee cheque in favour of claimant No.1 (widow of the deceased) after proper verification and after informing her about the amounts being invested/disbursed and the terms and conditions of the investment.
Rule is made absolute.
The application stands disposed of.
[M.S. SHAH, J.] [AKIL KURESHI, J.] sundar/-
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