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CA/7145/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 7145 of 2008
In
FIRST APPEAL No. 2741 of 2008
With
CIVIL
APPLICATION No. 7146 of 2008
In
FIRST APPEAL No. 2742 of 2008
To
CIVIL
APPLICATION No. 7153 of 2008
In
FIRST APPEAL No. 2749 of 2008
=========================================================
ORIENTAL
INSURANCE COMPANY LTD THRO' AUTHORISE SIGNATORY - Petitioner(s)
Versus
CHATURABEN
BHURABHAI PIPALIYA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MAULIK J SHELAT for
Petitioner(s) : 1,
MR
PREMAL S RACHH for
Respondent(s) : 1,
DELETED
for Respondent(s) : 2,
RULE
SERVED for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 26/08/2008
ORAL
ORDER
1. Heard
learned advocate Mr.M.J.Shelat for the appellant ? Insurance Co.
and learned advocate Mr.P.S.Rachh for respondent No.1.
2. On
26.6.2008, this Court has passed following order :
?SRULE
returnable on 21st August, 2008. Pending the Appeals,
there shall be ad-interim stay in terms of paragraph 3(A) in so far
as the applicant ? Insurance Company is directed to honour the
awards for compensation passed by the Tribunal below.??
3. While
granting the ad-interim relief in favour of Insurance co., this
Court has stayed the entire award without any direction to the
Insurance Co. to deposit it before the claims Tribunal. Therefore,
the applicant – Insurance Co. is directed to deposit the entire
awarded amount together with cost and interest in each case with the
claims Tribunal, within a period of six weeks from the date of
receiving the copy of this order.
4. After
realizing the amount from the Insurance Co. in each case, the claims
Tribunal is directed to pay 30% amount to each respondent ?
claimant by account payee cheque and rest of the amount be invested
in any nationalized bank for a period of three years with periodical
renewal in the name of each respondent claimant but, FDRs shall
remain with the Nazar of the claims Tribunal and respondent claimant
is entitled the amount of periodical interest till the appeals are
finally decided by this Court. Rule is made absolute accordingly in
each civil application.
5. The
amount deposited by the Insurance Co. with the Registry of this Court
shall be transmitted to the claims Tribunal concerned forthwith. Same
amount is to be considered a part of decreetal amount paid by
Insurance Co.
(H.K.RATHOD,J.)
(vipul)
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