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Judgment
Honourable Mr. Justice G.R. Udhwani
Heard learned counsel for the appellant and the claimants. By order dated 27.09.2012, Rule was issued making them returnable on 30.10.2012 and ad-interim relief in terms of para 6(A) was granted on condition that the total mount due under the impugned award shall be deposited with the Motor Accident Claims Tribunal (Main) at Rajkot. Learned advocate for the appellant stated that such amount has been deposited. He submitted that the deceased was an unmarried person and that the Tribunal ought to have deducted one-half of the income towards his personal expenses. It is submitted that this substantial point is required to be argued in the appeal which is already admitted. Since we have already admitted the appeal and the appellant has already deposited the whole amount, it is appropriate to issue an injunction on the condition that 70% of the amount shall be invested in fixed deposit for a period of three years in a nationalized bank of the choice of the claimants in the name of Nazir of the Court. Rest of the amount and the periodical interest earned on the fixed deposit shall be disbursed to the claimants by the Tribunal. The amount deposited with the Registry of this Court shall be transmitted to the Tribunal concerned.
Accordingly, application is allowed, execution of the award is stayed and Rule is made absolute in the above terms, with no order as to costs.