(1.) THE present application has been preferred by the applicant-original opponent no. 2-ICICI Lombard General Insurance Company Ltd. for interim relief to stay further operation, execution and implementation of the judgment and award passed by the learned Motor Accident Claims Tribunal (Auxiliary), Fast Track Court No. 3, Morbi dated 02/07/2010 in MACP No. 206/2006.
(2.) HAVING head Shri Vibhuti Nanavati, learned advocate appearing on behalf of the applicant, Shri Harshad K. Patel, learned advocate appearing on behalf of opponent no.1- original claimant and Shri Manoj Srimali, learned advocate appearing on behalf of the opponent no. 2-original owner, ad-interim relief granted earlier on 15/12/2010 is hereby made absolute and is directed to be continued as interim relief till final disposal of the main appeal. The learned tribunal shall invest 90% of the amount awarded/deposited by the applicant with proportionate cost and interest in long term fixed deposit in the joint name of Nazir and the original claimant in any nationalised bank and copy of the said Fixed Deposit Receipt shall be retained by the learned tribunal. However, the original claimant shall be entitled to withdraw the periodical interest on the same. Original claimant is permitted to withdraw the balance 10% of the amount with proportionate cost and interest, which the learned tribunal shall pay to the original claimant by an account payee cheque on proper verification and identification and the learned tribunal shall inform the original claimant in person what amount is awarded to him and what amount he is entitled to.