New India Assurance Company Limited vs Indrasinh Dhansinh Rathod and Others

M.R. Shah, J.—The present application has been preferred by the applicant-Appellant-original opponent No. 2-New India Assurance Company Ltd. to stay further implementation and operation of the impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Main) Kutch at Bhuj dated 10/01/2011 in M.A.C.P. No. 459/2007.

While issuing rule and admitting the main First Appeal, the learned Single Judge has granted the ad-interim relief and had passed the following order;

Rule returnable on 20/06/2011.

In the meantime, ad-interim relief in terms of para 4(A) on condition that the applicant shall deposit the entire amount awarded by the Tribunal before the returnable date. On such amount being deposited, 70% of the amount shall be invested by the Tribunal in the name of Registry of the Tribunal by way of a fixed deposit with a nationalised 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 the disposal of the appeal. The interest accruing on the said deposit shall be paid to the original claimants quarterly. The Fixed Deposit Receipt shall be retained by the Tribunal. Order as to disbursement shall be passed on the next date.

Though served, nobody appears on behalf of the opponents, more particularly, original claimants.

Having heard Ms Fojdar, learned advocate appearing for Shri Shalin Mehta, learned advocate appearing on behalf of the applicant and so as to protect the interest of the original claimants, ad-interim relief granted earlier vide order dated 21/04/2011 is hereby made absolute till final disposal of the main First Appeal on the same terms and condition with further modification that the balance 30% of the amount shall also be invested by the learned tribunal in the name of Registry of the learned tribunal by way of Fixed Deposit with any nationalised bank initially for a period of three years and on maturity the same shall be renewed from time till final disposal of the main First Appeal. The Fixed Deposit Receipt shall be retained by the learned tribunal and interest accrued on the deposit shall be paid to the original claimants quarterly. There shall not be any advance and/or loan on the Fixed Deposit Receipt.

With this, the present application is allowed. Rule is made absolute to the aforesaid extent. No cost.