ORDER IN FIRST APPEAL:
Heard Mr. Parikh learned advocate for the appellant-Insurance Company so also Mr. Darji learned advocate for the respondent no.6, the owner of the vehicle. Despite the fact that vide order dated 27/08/2012 notice for final disposal was ordered to be issued and despite the fact that respondent nos.1 to 5 [original claimants] are served, but none appeared for them. In above view of the matter, considering the impugned judgment and award rendered by the Tribunal, the appeal requires consideration and hence, ADMITTED.
ORDER IN CIVIL APPLICATION:
1. Mr. Parikh learned advocate for the applicant-Insurance Company, upon instructions, states that the order dated 27/08/2012 has been complied with and the awarded amount together with interest and HC-NIC Page 1 of 2 Created On Sun Aug 13 14:12:05 IST 2017 FA/2730/2012 2/2 ORDER proportionate costs has already been deposited with the concerned Claim Tribunal. Heard Mr. Darji learned advocate for the respondent no.6, the owner of the vehicle. None appeared for the respondent nos.1 to 5 [original claimants]. In above view of the matter, the ad-interim stay earlier granted vide order dated 27/08/2012, is hereby made absolute and confirmed till the pendency and final disposal of the main appeal.
2. Since the awarded amount deposited by the applicant-Insurance Company, is lying idle with the concerned Claim Tribunal and since none appeared for the respondent nos.1 to 5 [original claimants], the Tribunal is directed to invest the deposited amount, deposited by the applicant-Insurance Company in FDR in a Nationalised Bank in the name of Nazir of said Tribunal, initially, for a period of three years, which period shall be automatically extendable at the interval of every one year, till the main appeal is finally heard and decided. The respondent nos.1 to 5 [original claimants] shall be entitled to get periodical interest thereon at the interval of every quarter.
3. Accordingly, the instant application stands disposed of. The Registry is directed to communicate this order to the concerned Claim Tribunal.
(J.C.UPADHYAYA, J) aruna HC-NIC Page 2 of 2 Created On Sun Aug 13 14:12:05 IST 2017