IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION No 428 of 1997
in
CIVIL APPLICATION No 7424 of 1996
--------------------------------------------------------------
LATIFABIBI,WD/O AHMED ABDULLA RAGADIA
Versus
UNITED INDIA INSURANCE CO LTD
--------------------------------------------------------------
Appearance:
MR MA KHARADI for Petitioners
MR PV NANAVATI for Respondent No. 1
--------------------------------------------------------------
CORAM : MR.JUSTICE S.M.SONI and
MR.JUSTICE H.R.SHELAT
Date of Order: 07/02/97
ORAL ORDER
(Per: S.M. Soni, J.)
Rule against respondent No.1 only. Application
not pressed against respondents No. 2 & 3. Learned
advocate, Mr. P.V. Nanavati, waives service of Rule for
respondent No.1.
2.Heard the learned advocates. It is stated at the
Bar that the amount of award of Rs.2,76,059/- has now
been deposited with the Tribunal with costs and
interests. The order of disbursement was deferred when
this Court granted conditional interim order. Now that
condition has been complied with and it is prayed by the
learned advocate for the applicants to pass necessary
order for disbursement. The applicants have also prayed
for a direction to the respondent No.1 to deposit the
balance of the amount, which is not a subject matter of
challenge in this appeal. We are of the opinion that if
the Insurance Company files an undertaking by a
responsible officer within three weeks from today to the
effect that the balance of the award amount with
proportionate costs and interest which the claimants
would have earned at the maximum rate if the amount is
invested in a fixed deposit with a nationalised bank,
shall be paid to the applicant-claimants within four
weeks from the date of receipt of the certified copy of
the Judgment and Award of this court which may be
rendered in the appeal and if the same is passed in
favour of the original-claimants.
3.We have read the order of disbursement passed by
the learned Tribunal. We are of the opinion that if the
disbursement is ordered for as per the order of the
Tribunal, interest of justice will be served. We,
therefore, direct the Tribunal to disburse the amount as
per its own order.
4.Rule is made absolute to the above extent with no
order as to costs.
(S.M. Soni, J.)
7-2-1997.(H.R. Shelat, J.)