Future General India Insurance Co Ltd vs Jagatsinh Udesinh Rathod on 5 February, 2020

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Gujarat High Court

Future General India Insurance Co Ltd vs Jagatsinh Udesinh Rathod on 5 February, 2020

Bench: N.V.Anjaria

            C/FA/5720/2019                               IA ORDER




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                     In R/FIRST APPEAL NO. 5720 of 2019
==========================================================

FUTURE GENERAL INDIA INSURANCE CO LTD Versus JAGATSINH UDESINH RATHOD ========================================================== Appearance:

MR GC MAZMUDAR for the PETITIONER(s) No. MR PARESH M DARJI for the RESPONDENT(s) No. MR.ADITYA J PANDYA for the RESPONDENT(s) No. RULE NOT RECD BACK for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. UNSERVED EXPIRED (R) for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA Date : 05/02/2020 IA ORDER While admitting the main First Appeal on 9.12.2019, this court granted stay against judgment and order passed by Motor Accident Claims Tribunal on condition that the insurance company shall deposit the awarded amount with the Tribunal before the returnable date.

2. When this Civil Application comes up for consideration today, learned advocate for the applicant insurance company stated that in compliance of the condition, awarded amount has been deposited with the Tribunal.

3. On one hand, the awarded amount as above is deposited by the applicant insurance company on the other hand, the original claimant would seek benefit of payment of compensation, however since the main appeal is pending to await the final disposal on merits, the following directions would sub-serve the ends of justice at this stage.

(i) Out of the total amount deposited as above by the Page 1 of 2 Downloaded on : Sun Jun 14 05:25:52 IST 2020 C/FA/5720/2019 IA ORDER applicant insurance company, sum to the extent of 70% as may be rounded-off shall be invested by the Tribunal in a cumulative fixed deposit with any nationalised bank for initial period of three years, renewable until final disposal of the appeal;

(ii) The original claimant shall not be entitled to receive periodical interest on the invested amount.

(iii) The Bank shall endorse on the fixed deposit that no borrowing or loan shall be permitted thereon save and except by express order of this Court;

(iv) FDR shall lie in the custody of the Registry of the Tribunal concerned;

(v) The remaining 30% amount of the total amount deposited shall be disbursed to the claimant;

(vi) Before disbursement of the amount, the Tribunal shall verify the identity of the claimant and shall follow the procedure as may be required;

(vii) Disbursement of the amount in favour of the claimant shall be done by issuing Account Payee cheque in the name of the claimant.

4. The stay granted on 9.12.2019 against the impugned judgment and award of the Motor Accident Claims Tribunal stands confirmed in the aforesaid terms.

5. Civil Application stands disposed of.

(N.V.ANJARIA, J) C.M. JOSHI Page 2 of 2 Downloaded on : Sun Jun 14 05:25:52 IST 2020

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