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FA/2772/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2772 of 2010
With
CIVIL
APPLICATION No. 10990 of 2010
In
FIRST
APPEAL No. 2772 of 2010
=========================================================
ICICI
LOMBARD GENERAL - Appellant(s)
Versus
HARGOVAN
PARSOTTAMDAS PATEL & 2 - Defendant(s)
=========================================================
Appearance :
MR
VIBHUTI NANAVATI for
Appellant(s) : 1,
NOTICE SERVED for Defendant(s) : 1,
MR RM
PARMAR for Defendant(s) : 2,
MR MEHUL S SHAH for Defendant(s) :
3,
MR SURESH M SHAH for Defendant(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 01/12/2010
ORAL
ORDER
1. Heard
learned counsel for the respective parties.
2. In
pursuance of the order dated 06.10.2010 passed by this Court, the
appellant-Insurance Company has deposited the entire awarded amount
before the Tribunal concerned.
3. This
appeal has been filed against an award passed u/s.140 of the Motor
Vehicles Act. Considering the facts and circumstances of the case and
keeping in mind the interest of the original claimants, the Tribunal
concerned is directed to invest the amount deposited by the
appellant-Insurance Company in F.D.R. with a nationalized bank,
initially, for a period of one year and the same shall be renewed
from time to time, until the final disposal of the claim petition
pending before the Tribunal concerned. The quarterly interest
accruing on such deposit shall be paid to the original claimants on
regular basis by way of Account Payee cheque after proper
verification.
4. It
is made clear that if, ultimately, the claim petition is allowed in
favour of the original claimants and the appellant-Insurance Company
is held liable, then payment to the original claimants shall be made
out of the aforesaid amount at the relevant time; lest it shall be
returned to the appellant-Insurance Company. Further, if the claim
petition is withdrawn, then also the amount shall be returned to the
appellant-Insurance Company. The Tribunal concerned is directed to
dispose of the claim petition within a period of three years from
today.
5. It
is made clear that this Court has not entered into the merits of the
case and therefore, the Tribunal concerned shall decide the claim
petition on merits and being uninfluenced by this order.
6. With
the above observation and direction, the appeal stands disposed of.
No costs.
[K.
S. JHAVERI, J.]
ORDER
IN CIVIL APPLICATION
In
view of the order passed in the main matter, the civil application
shall not survive. It stands disposed of accordingly. Rule is made
absolute in terms of the order passed in the main matter with no
order as to costs.
[K.
S. JHAVERI, J.]
Pravin/*
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