(Per : HONOURABLE MR.JUSTICE AKIL KURESHI) ORDER IN FIRST APPEAL Appeal is admitted.
ORDER IN CIVIL APPLICATION
1. Rule. Learned advocate Shri Paresh Darji waived Rule on behalf of the opponents No.1 to 4 - original claimants.
FA/1118/2012 2/3 ORDER Learned advocate, Shri V. M. Vyas appearing for Shri S. B. Parikh, waived Rule on behalf of opponent No.5 - Insurance Co.
2. From the award of the claims Tribunal, we notice that while passing award of Rs.17,23,248/-, to be paid to the claimants with interest, the claims Tribunal has limited the liability of opponent No.5 - Insurance Co. to Rs.2 lacs. The present applicant - State Government, therefore, has to bear the burden of satisfying the rest of the award. Learned advocates appearing for respective parties jointly submitted that Insurance Co. had previously deposited its share of Rs.2 lacs with proportionate cost and interest which amount has already been invested and disbursed in terms of the provisions made by the claims Tribunal in impugned award. Counsel also submitted that the State Government has also deposited the remaining amount with proportionate cost and interest, which comes to Rs.20,52,460/-. Learned AGP, however, submitted that out of such amount, no disbursement has been made so far.
3. Under the circumstances, we stay the execution and implementation of the impugned award since the entire amount awarded is already deposited before the claims Tribunal.
4. Out of amount deposited with the Government, 20% thereof shall be disbursed in favour of original claimants in proportion of the apportionment already provided by the claims Tribunal in the impugned award. Remaining 80% shall be invested in fixed deposit in any nationalized bank initially FA/1118/2012 3/3 ORDER for a period of 5 years. Such investment shall be renewed from time to time till final disposal of the appeal. The claimants shall, however, receive periodical interest accruing on such fixed deposits. Receipt of the fixed deposits shall be retained by the Nazar of the claims Tribunal.
5. With above directions, civil application is disposed of. Rule made absolute.
(AKIL KURESHI, J.) (C. L. SONI, J.) (vipul)