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CA/13565/2010 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 13565 of 2010
In
FIRST
APPEAL No. 3386 of 2010
=========================================================
ORIENTAL
INSURANCE CO LTD - Applicant
Versus
HEIRS
OF VALLABHDAS HIRALAL PATEL @ FADAD, PUSHPABEN VALLABH & 3 -
Respondents
=========================================================
Appearance
:
MR
GC MAZMUDAR and MR
HG MAZMUDAR for Applicant.
MR KL PANDYA for Respondents : 1 -
2.
MR PRABHAKAR UPADYAY for Respondents : 3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE V. M. SAHAI
Date
: 18/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
learned advocate Mr.Mazmudar for the applicant, and learned advocate
Mr.Pandya for respondent Nos.1 & 2.
2. Mr.Mazmudar
states that as per the award, the claimants are entitled to total
compensation of Rs.11,80,511/- including costs and interest. Out of
that amount, an amount of Rs. 10,93,130/- has been deposited by the
applicant-appellant, which would include the amount of no fault
liability as well. He states that an amount of Rs.25,381/- has
been deducted by the applicant-appellant by way of TDS. According to
him, the award passed by the Tribunal is for Rs.8,37,000/- and the
appellant challenges its liability to the extent of Rs.2,37,000/-. In
light of the fact that the applicant-appellant has already deposited
the amount with interest and costs, the ad-interim relief granted
earlier is made interim relief, till the final disposal of the
appeal, subject to following order of disbursement:-
2.1 An
amount of Rs.25,381/- has been deducted by the appellant way of TDS
and the appellant shall issue the requisite certificate in that
context and the claimants would be entitled to claim either refund or
credit for that amount, if tax is payable by them.
2.2 An
amount of Rs.10,93,130/- has been deposited by the
appellant-Insurance Company on different occasions to include the
amount of no fault liability and to meet with the requirement
of law to file an appeal. Out of that amount, an amount of Rs.
3,43,130/- shall be placed by way of cumulative term deposit in any
nationalised bank, initially for a period of five years, in the name
of Nazir of the Court, and shall be renewed thereafter for a period
of one year from time to time, till the appeal is disposed of, or any
further order is passed by this Court.
2.3 Out
of the remaining amount, an amount of Rs.4,20,000/- shall be placed
in fixed deposit in any nationalised bank for a period of five years
in the names of the claimants in proportion of 60:40 between claimant
Nos.1 & 2, as per the order of the Tribunal, initially for a
period of five years, to be renewed from time to time for a period of
one year, till final disposal of the appeal or till any further order
that may be passed by this Court. The amount of periodical interest
that may accrue thereon shall be disbursed to the claimant Nos.1 &
2. The fixed deposit receipts shall be deposited with the Court.
2.4 The
remaining amount of Rs.2,80,000/- shall be disbursed between
claimant Nos.1 & 2 in the ratio of 60:40 respectively by a
crossed A/c Payee Cheque.
3 Rule
is made absolute. No costs.
[A.L.Dave,J.]
[V.M.Sahai,J.]
(patel)
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