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CA/15853/2010 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 15853 of 2010
In
FIRST
APPEAL No. 4609 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
ICICI
LOMBARD GENERAL INSURANCE COMPANY LTD - Applicant(s)
Versus
ABBAS
KASAMBHAI MOVAR & 2 - Opponent(s)
=========================================
Appearance :
MR
VIBHUTI NANAVATI for
Applicant(s) : 1,
RULE SERVED for Opponent(s) : 1 - 2.
None for
Opponent(s) : 3,
MRYJPATEL for Opponent(s) : 3.2.1,3.2.2
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 27/01/2011
ORAL
JUDGMENT
1. The
present application has been preferred by the applicant-original
appellant-original opponent no. 3-ICICI Lombard General Insurance
Company Ltd. to stay further implementation, operation and execution
of the judgment and award passed by the learned Motor Accident Claims
Tribunal (Auxiliary), Fast Track Court No. 2, Morbi dated 04/06/2010
in M.A.C.P. No. 280/2006.
2. While
issuing rule in the present application the learned Single Judge has
passed the following order on 16/12/2010;
“RULE
returnable on 25/01/2011.
In
the meantime, ad-interim stay of the impugned award on condition that
the applicant shall deposit the entire awarded amount on or before
the returnable date. On deposit of the amount, as directed by the
Tribunal, 70% of the said amount shall be kept in Fixed Deposit
Receipt with a nationalized bank initially for a period of three
years and on maturity shall be renewed by one year at a time without
any further orders in this regard till final disposal of the appeal.
The F.D.R. Shall remain with the Nazir of the Tribunal. The quarterly
interest accruing on such deposit shall be paid to the original
claimants on regular basis. As regards the 30% of the amount,
necessary orders shall be passed on the returnable date.”
3. Having
heard Shri Nanavati, learned advocate appearing on behalf of the
applicant and Shri Y.J. Patel, learned advocate appearing on behalf
of the original claimants, over and above 70% of the amount awarded
by the learned tribunal with proportionate cost and interest
deposited in the Fixed Deposit in a nationalized bank, the learned
tribunal is further directed to invest further 50% of the balance
amount out of 30% with proportionate cost and interest in Fixed
Deposit with a nationalized bank initially for a period of three
years and on maturity the same shall be renewed from time to time.
The original claimants shall be entitled to the periodical interest
on the aforesaid Fixed Deposit and the Fixed Deposit shall remain
with the Nazir of the learned tribunal. The original claimants shall
be entitled to withdraw the balance 15% amount awarded by the learned
tribunal with proportionate cost and interest, which the learned
tribunal is directed to pay to the original claimants by an account
payee cheque on proper verification. However, the aforesaid shall be
without prejudice to the rights and contention of the respective
parties in the main First Appeal and subject to the ultimate outcome
of First Appeal No. 4609/2010.
4. With
this, the present application is allowed. Rule is made absolute to
the aforesaid extent. No cost.
(M.R.
SHAH, J.)
siji
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