Court allows partial withdrawal and investment of awarded claim amount pending appeal.

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

[1] The application is filed for following relief:- "4. a. Be pleased to admit and allow the present application;

b. Pending admission, hearing and final disposal of First Appeal, be pleased to stay the execution, implementation and operation of the impugned judgment / award of the Ld. Motor Accident Claims Tribunal (Main) Bharuch in MACP No. 319/2014 dated 31.03.2023.

c. Be pleased to pass such other and further orders as may be deemed just and proper looking to the facts and circumstances of the cases and in the interest of justice."

[2] Learned advocate appearing for the applicant has submitted that Insurance Company has deposited ordered awarded amount together with costs and interest before the Tribunal.

[3] Considering the fact that the First Appeal is already admitted vide order dated 14.10.2024 and the ordered awarded amount together with costs and interest has already been deposited as per order dated 14.10.2024 by the Insurance Company before the Tribunal concerned, learned advocate for the applicants - original opponents has prayed for withdrawal of the said amount.

[4] Against which, learned advocates for the respondents do not raise any serious contentions.

[5] 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 part of the 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) The claimants are entitled to receive the periodical interest on the aforesaid FDRs. The copy of original FDRs, shall be retained by Nazir of Tribunal.

[6] In view of the above, Civil Application is partly allowed.

Rule is made absolute to the aforesaid extent.