Having considered the submissions advanced by the learned advocate for the appellant-Insurance Company so also considering the impugned judgment and award dated 28.8.2012 rendered by the Tribunal, it appears that the appeal deserves consideration and hence, Admitted. Learned Advocate Mr Paresh Darji waives service of notice of admission on behalf of respondent No.1-original claimant.
ORDER IN CIVIL APPLICATION NO.
13905 of 2012 RULE returnable on 28.1.2013.
Mr Paresh Darji, learned Advocate waives service of notice of Rule on behalf of respondent No.1-original claimant. Ms. Vidhi Bhatt, learned Advocate for the applicant-appellant submitted that the total awarded amount as per the award is Rs. 6,81,000/-, out of which by preferring the present First Appeal, the applicant/appellant has challenged an amount of Rs. 97,920/- only. She has further submitted that as per the award they have deposited the total amount of Rs. 8,29,435/- with proportionate costs and interest. Considering the said fact, ad-interim relief prayed for in para 4 (A) is hereby granted. The Tribunal is directed to invest the amount of Rs. 1,23,991/- (i.e. challenged amount including proportionate costs and interest) in cumulative Fixed Deposit in any nationalised Bank in the name of the original claimant(s) 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.
[G.
B. SHAH, J.] msp