(Per : HONOURABLE MR.JUSTICE M.R. SHAH) Mr.Sunil Parikh learned advocate appearing on behalf of Mr.Rajni Mehta, learned advocate for the applicant seeks permission to delete opponent No.4 so far as present application is concerned, as no relief is sought against the opponent No.4 and the main relief in the application would be against the opponent Nos.1 and 2 ? original claimants.
Permission is accordingly granted. The applicant is permitted to delete the opponent No.4 so far as the present application is concerned.
Though served nobody appears on behalf of the opponent Nos.1 to 3, more particularly opponent Nos.1 and 2 ? original claimants.
The present application is filed by the applicant ? original appellant / respondent No.3 named United India Insurance Co.Ltd. to stay the further implementation and execution of the Judgement and Award passed by the Motor Accident Claims Tribunal (Auxiliary), FTC No.2, Bharuch in M.A.C.P. No.560 of 2001 dtd.23/8/2007 during the pendency and final disposal of the First Appeal No.1073 of 2008. The First Appeal No.1073 of 2008 is already admitted and pending for final hearing.
It is reported that the applicant ? Insurance Company has deposited entire amount of Rs.14,28,486=00 and the appeal is restricted to Rs.5 Lacs only.
It appears from the impugned Judgement and Award, more particularly from the operative portion of the impugned Judgement and Award that the Tribunal has taken sufficient care for disbursement and investment of the awarded amount. It is ordered by the learned tribunal that the respondent No.1 ? applicant No.1 ? husband of the deceased would be entitled to get 60% of the amount with interest and costs of total compensation. It is further ordered that the respondent No.2 ? original applicant No.2 ? minor son of the deceased would get 40% of the amount with proportionate interest and costs of the total compensation. It is further ordered by the tribunal that as the original applicant No.2 is minor, the entire amount of compensation be invested in any Nationalised Bank initially for a period of five years or till the minor attains the majority, whichever is later and the entitlement be made in the name of the guardian i.e. original applicant No.1. It is also ordered by the tribunal that so far as the amount coming to the share of the original applicant No.1 ? husband is concerned, 70% of the amount from his share (70% of 60%) be invested in any Nationalised Bank for a period of five years with a condition that no loan or charge will be created on the said amount and the rest of the 30% (30% of 60) be paid to the applicant No.1 by Account Payee Cheque after due verification.
In view of the above, ad-interim relief granted earlier is made absolute during the hearing and final disposal of the First Appeal No.1073 of 2008 with direction that disbursement and investment be made as per the Judgement and Award passed by the learned tribunal, impugned in the present appeal, with a modification that the amount so deposited in the Fixed Deposits in the names of the original claimant Nos.1 and 2 be continued to be invested till final disposal of the First Appeal No.1073 of 2008 and the same shall be renewed from time to time. Rule is made absolute to the aforesaid extent.
[J.R.
VORA, J.] [M.R.
SHAH, J.] rafik Top