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Judgment
Paresh Upadhyay, J
This Court had, on 22.01.2020, passed the following order.
"1. Challenge in this appeal is made by the Insurance Company to the award passed by the Motor Accident Claims Tribunal, Gandhidham (Kachchh) in Motor Accident Claim Petition No. 838 of 1999 dated 20.01.2006. By the impugned award, the Tribunal has held that the owner, driver and insurance company of the truck, all three are jointly and severally liable to pay the compensation of Rs.4,08,000/- to the claimant with interest thereon.
This appeal was admitted by this Court vide order dated 02.05.2006. While admitting the appeal, this Court had stayed the impugned award on certain conditions. The said order dated 02.05.2006 reads as under.
"Heard learned advocate Mr. Thakkar for the applicant. Rule.
On depositing the awarded amount by the appellant before the Tribunal within 2 months from today, there shall be stay on execution of the award impugned in the appeal. The amount deposited by the appellant before this Tribunal under Section 173 be transmitted to the Tribunal, immediately.
Further orders in respect of disbursement and investment in respect of the amount deposited by the applicant before this Court shall be passed later on.
Put up on 11th July, 2006."
Thereafter, vide order dated
20.07.2006, this Court had passed the disbursement order, which reads as under.
"Though served, none appears for the respondent claimant. In the facts and circumstances of the case, considering the expenses incurred by the claimant towards medical treatment, we direct that out of the amount deposited by the Insurance Company (Rs.6,73,125/-), the original claimant (injured) shall be permitted to withdraw Rs.1,23,125/- by account payee cheque after deducting the Court fees stamp amount therefrom. Balance amount of Rs.5,50,000/- shall be invested in three Fixed Deposit Receipts with a Nationalized Bank for a period of five years with usual conditions for prohibition against encumbrance etc., and permission to the original claimant to withdraw the interest periodically accruing on the Fixed Deposit Receipt. It will be open to the claimant to request the Tribunal to invest the amount or any part thereof in any other Government security yielding high rate of interest such as monthly income scheme in the Post Office. This application accordingly stands disposed of."
The owner and the driver of the Truck, though served, are not appearing before this Court. It is indicated that the owner of the truck had not appeared before the Tribunal as well.
Mr. F.B. Brahmbhatt, learned advocate for the claimant seeks time to take appropriate instructions, as to whether the claimant is getting periodical interest on the FDRs or not. At his request, the matter is adjourned.
On the next date of hearing, proper details need to be taken on record with regard to the amount which was received by the claimant, the interest which the claimant is getting periodically from the FDRs and the photocopy of the said FDRs which must be lying with the Tribunal. The concerned Tribunal is directed to supply the photocopy of the FDRs lying with it to the claimant, if an application is made by him in that regard.
List on 31.01.2020."
In response to the above, the concerned Tribunal has submitted the report, the crux of which is that, no such FD is lying with the Tribunal.
It is noted that, as quoted above, this Court had, vide order dated 20.07.2006, directed the Tribunal, to invest the amount in any nationalised Bank.
From report of the Tribunal it transpires that, though the direction of this Court was to invest the said amount in any nationalised Bank, the investment was made in the Baroda Gujarat Gramin Bank (erstwhile Dena Gujarat Gramin Bank).
Registry to call for the following details from the concerned Tribunal so as to reach to this Court on or before the next date of hearing.
(i) Whether the investment in the Baroda Gujarat Gramin Bank (erstwhile Dena Gujarat Gramin Bank) can be termed to be an investment in the nationalised Bank, as ordered by this Court.
(ii) A copy of the purshish, if any, submitted by the claimant(s) to the Tribunal for releasing the amount along with the order passed thereon.
List on 07.02.2020.