(Per : HONOURABLE MR.JUSTICE C.L. SONI)
1. Rule.
Mr. Mehta waives service of notice of rule on behalf of Respondent NO.3. For deciding this application, other respondents are not required to be heard.
2. The applicants have come up with this civil application for withdrawal-disbursement of the amount awarded and deposited by respondent No.3 Insurance Co. It appears that by order dated 10.12.2010, the court has stayed the impugned judgment and award passed by the Claims Tribunal on condition of deposit of entire awarded amount with cost and interest. It is stated that the entire amount is deposited. However, there is no order for withdrawal or disbursement of the amount in favour of the claimants. Therefore, the claimants have filed this application seeking permission for withdrawal of and disbursement of the amount in their favour.
3. From the award of the Claims Tribunal, we find that the Tribunal has already passed order for investment and disbursement of the amount awarded by it. We, therefore, allow this application and order to disburse the amount deposited by respondent NO.3 Insurance Company in favour of the applicants as directed by the Claims Tribunal in its award dated 23rd November, 2009. We also direct to invest remaining amount in the same terms and conditions as directed by the Claims Tribunal in the said award. Rule is accordingly made absolute in above terms.
(Akil Kureshi,J.) (C.L.Soni,J.) an vyas Top