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CA/8255/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 8255 of 2010
=====================================
RIDDHISH
PARESHBHAI PATEL - Petitioner(s)
Versus
NATIONAL
INSURANCE COMPANY LIMITED & 1 - Respondent(s)
=====================================
Appearance
:
MR PARESH M DARJI for
Petitioner(s) : 1,
MR MAULIK J SHELAT for Respondent(s) : 1,
None
for Respondent(s) : 2,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 04/08/2010
ORAL
ORDER
1.0 On
a mention being made by learned advocate Mr. Darji for the applicant,
the papers of this Civil Application were called for.
2.0 Present
Civil Application is filed seeking permission to withdraw the amount
awarded to the extent of 50% and remaining 50% may be deposited in
the F.D.R.
3.0 Learned
advocate Mr. Darji for the applicant submitted that this Civil
Application is filed pursuant to order passed by this Court (Coram:
Honourable Mr. Justice K.M. Thaker) on 21st April 2010.
The relevant part of the order reads as under:
It
would be open to the respondents to move appropriate application for
withdrawal or disbursement of amount after the amount deposited with
the learned Tribunal. After the amount is deposited by the insurance
company the learned Tribunal shall immediately invest the said
deposited amount in fixed deposit in a nationalized bank initially
for a period of three months in the name of Nazir of the Tribunal.
The respondents or any one on their behalf will not be allowed to
create any charge or raise any loan against the said fixed deposit.
If any order permitting disbursement/withdrawal is not passed within
a period of three months after deposit/investment is made, learned
Tribunal shall convert the fixed deposit for a period of five
years…
4.0 Learned
advocate for the applicant submitted that assuming for the sake of
argument that the Insurance Company is not liable to reimburse the
amount to its insured then also, the amount deposited can be
permitted to be withdrawn keeping the right of the Insurance Company
to recover the amount from the insured in appropriate proceeding.
5.0 Taking
into consideration the question of law involved, this Court is of the
opinion that permitting the withdrawal of 50% amount may not be
warranted. Hence, the applicant is permitted to withdraw 25% of the
awarded amount and the interest accrued thereon and the rest of the
amount is ordered to be deposited in a Fixed Deposit, if not already
deposited in a Fixed Deposit for five years as directed by this Court
by order dated 21st April 2010, with any Nationalized
Bank, initially for a period of three years, subject to periodical
renewals till the final disposal of the First Appeal. The Tribunal
is also directed to pay the accumulated interest every quarter to the
claimant. The order dated 21st April 2010 is modified to
the aforesaid extent. The Civil Application is accordingly disposed
of.
[
Ravi R. Tripathi, J. ]
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