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CA/6209/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 6209 of 2008
In
FIRST
APPEAL No. 2439 of
2008
=========================================================
ORIENTAL
INSURANCE COMPANY LTD - Petitioner(s)
Versus
BACHUBHAI
KHENGARBHAI & 1 - Respondent(s)
=========================================================
Appearance :
MR
SHALIN N MEHTA for Petitioner(s) : 1,
RULE
SERVED for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 10/07/2008
ORAL
ORDER
Main
matter being First Appeal No. 2439 of 2008 is admitted by this Court
on 16th May, 2008. In this Civil Application No. 6209 of
2008, rule is issued by this court on 16.5.2008 by making it
returnable on 10.7.2008 while granting ad interim relief in terms of
paragraph 4(A) of application.
Notice
of rule issued by this court is served on respondent no. 1 but no
advocate is engaged by him and no appearance is filed on his behalf.
Learned Advocate Mr. SP Majmudar is having instructions to appear on
behalf on behalf of respondent no. 2. However, the claimant has not
appeared in this matter who was agricultural labourer. Therefore,
considering the amount involved in this appeal, total of which comes
to Rs.44700.00 with interest thereon at the rate of 9 per cent per
annum from the date of application and also considering the date of
accident 1st February, 2000, according to my opinion,
applicant is required to deposit the amounts as awarded by the
Claims Tribunal together with interest and costs, therefore, ad
interim relief granted by this court on 16.5.2008 is confirmed on a
condition that the applicant shall have to deposit entire amount
awarded by the claims tribunal together with costs and interest
before the Claims Tribunal concerned within one month from the date
of receipt of copy of this order. It is directed to the Claims
Tribunal concerned after realization of the amount from the
appellant to disburse the same as per the directions issued by the
Claims Tribunal vide order dated 6th February, 2008. It
is further directed to the Claims Tribunal that the FDR of 70 per
cent shall remain with the Claims Tribunal, though same may be in
the name of the respondent no.1 claimant and to be invested with
cumulative interest by periodical investment in any nationalized
bank till the appeal is finally heard and decided by this court.
Rule
is accordingly made absolute to the extent indicated hereinabove
with no order as to costs. This application is disposed of
accordingly.
(H.K.
Rathod,J.)
Vyas
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