The court allows partial withdrawal of the deposited amount by claimants while securing the remainder in fixed deposit, striking a balance between immediate relief and appeal proceedings.

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR.JUSTICE N.S.SANJAY GOWDA Date : 15/07/2025 ORAL ORDER (PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

Order in First Appeal No.1106 Of 2025 The Appeal is admitted.

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Order In Civil Application (For Stay) No. 1 of 2025 In R/First Appeal No. 1106 of 2025

1. The application is filed for following relief:

“(A) Allow the present Civil Application.

(B) Stay the execution, implementation and operation of the judgment and award passed against the present appplicant by the Learned Motor Accident Claims Tribunal (Aux.) Bharuch at Ankleshwar on 10-12-2024, in MACP No.48 of 2019 pending hearing and final disposal of the above First Appeal.

(C) To pass ex-parte orders of interim relief in terms of prayer B, hearinabove pending admission of the appeal and this applicatoin.”

2. Rule was issued on 11-04-2025 returnable on 17-06-2025 and stay of the impugned judgment and award was granted subject to the appellant-Insurance Company depositing the awarded amount before the Tribunal.

3. It is reported that entire amount has now been deposited by the appellant- Insurance Company.

4. Hence, present application is partly allowed with the directions as under:

(I) The Court permits the original claimants to withdraw 30% of total deposited amount as per their respective shares, as granted by the Tribunal in the operative award.

(II) 70% of the amount thus deposited be invested in any nationalized Bank in non-cumulative Fixed Deposit Receipt (FDR) in the name of the original claimants as per their respective shares decided by the Tribunal, which shall be renewed from time to time till final disposal of the appeal.

(III) Respondents are entitled to receive the periodical interest on the aforesaid FDRs. The copy of original FDRs, shall be retained by Nazir of Tribunal.

(IV) Subject to aforesaid condition, there shall be stay of the operation and implementation of the impugned judgment and award pending the appeal.

5. Rule is made absolute to the aforesaid extent.