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CA/14495/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 14495 of 2010
In
FIRST
APPEAL No. 3855 of 2010
To
CIVIL
APPLICATION - FOR STAY No. 14498 of 2010
In
FIRST
APPEAL No. 3858 of 2010
=========================================
THE
NEW INDIA ASSURANCE COMPANY LIMITED - Applicant(s)
Versus
RAMUBHAI
LAXMANBHAI & 4 - Opponent(s)
=========================================
Appearance
:
MS MEGHA
JANI for
Applicant(s) : 1,
MR MAHESH K POOJARA for Opponent(s) : 1 - 4.
DS
AFF.NOT FILED (R) for Opponent(s) :
5,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 04/02/2011
ORAL
ORDER
1. All
these applications have been preferred by the applicant-The New India
Assurance Company Ltd. to stay further implementation, execution and
operation of the impugned orders passed by the learned tribunal,
which are subject matter of the main First Appeals.
2. Having
heard Shri Salil Thakor, learned advocate appearing for Ms. Megha
Jani, learned advocate appearing on behalf of the applicant, Shri
Poojara, learned advocate appearing on behalf of the original
claimants and Shri Sandeep Patel, learned advocate appearing on
behalf of respondents nos. 2 and 3 in Civil Application No.
14495/2010 and considering the defense on behalf of the applicant
that the respective persons were travelling in the goods vehicle and,
therefore, the appellant-The New India Assurance Company Ltd. is to
be exonerated, by way of interim order it is directed that during
pendency and final disposal of the main First Appeals there shall be
stay of the common judgment and award passed by the learned Motor
Accident Claims Tribunal (Auxiliary) Dhrangadhra in M.A.C.P. Nos.
575/1998, 573/1998, 630/1998 and M.A.C.P. No. 725/1998.
3. With
this, the present application is allowed. Rule is made absolute to
the aforesaid extent. No cost.
(M.R.
SHAH, J.)
siji
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