Bajaj Allianz General Insurance Company Limited Vs. Chauhan Babubhai Fulabhai and 1 - Court Judgment

Excerpt:

Judgment:

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL

APPLICATION - FOR STAY No. 7786 of 2011

In

FIRST

APPEAL No. 2150 of 2011

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BAJAJ

ALLIANZ GENERAL INSURANCE COMPANY LIMITED - Petitioner(s)

Versus

CHAUHAN

BABUBHAI FULABHAI & 1 - Respondent(s)

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Appearance

:
MR VIBHUTI NANAVATI for

Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 - 2.
MR KL

PANDYA for Respondent(s) :

2,
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Date

: 03/10/2011

ORAL

ORDER

1. Heard

learned Advocate Mr V C Thomas on behalf of Mr Vibhuti Nanavati for

the petitioner. On behalf of respondent No.2-original claimant,

learned Advocate Mr K L Pandya has filed appearance. Learned

Advocate for the applicant states that he has deposited an amount of

Rs. 4,10,377/- and complied with the earlier order dated 8.8.2011

passed by this Court. Therefore, having heard learned advocates for

the parties and considering the facts and circumstances, the present

application deserves to be allowed. Accordingly, the present

application stands allowed in terms of Para No. 6(B). The impugned

award passed in M.A.C.P. No. 387 of 2007 of 2009 by the Motor

Accident Claim Tribunal (Aux.) & Joint District Judge, Anand is

hereby stayed till final hearing and disposal of the aforesaid First

Appeal.

2. So

far as the disbursement is concerned, the trial court is directed to

disburse 30% of the amount deposited to the original claimants by

Account Payee cheque in the name of the original claimant/s after

proper verification. Remaining 70% amount shall be invested by the

Tribunal in any nationalised Bank in Fixed Deposit in the joint names

of the claimant/s and the Nazir of the Tribunal initially for a

period of three years and such investment shall be renewed from time

to time until the appeal is finally disposed of. The original FDR(s)

shall be retained with the Nazir of the Tribunal. The original

claimants are entitled to get periodical interest thereon.

Rule is made absolute accordingly.

[G.

B. SHAH, J.]

msp