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CA/12146/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 12146 of 2008
=========================================================
BAJAJ
ALLIANZ GENERAL INSURANCE CO LTD - Petitioner(s)
Versus
ARVIND
ALIAS ASHWIN HARSUKHBHAI PARMAR DECEASED & 6 - Respondent(s)
=========================================================
Appearance
:
MR
SHALIN N MEHTA for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 16/10/2008
ORAL
ORDER
Rule
returnable on 24/11/2008.
Ad
interim relief in terms of para 4(a) on condition that applicant
shall have to deposit entire amount together with costs and interest
as awarded by claims Tribunal before claims Tribunal on or before
returnable date.
After
realizing said amount from insurance company, it is directed to
concern claims Tribunal to pay 30% amount by A/c payee cheque in the
name of Harsukhbhai Popatbhai and rest of amount is to be invested
in any Nationalized Bank for a period of three years. The FDR is in
the name of respondent claimants to be remained with Nazir
department of claims Tribunal till appeal is finally decided by this
Court.
In
view of submission made by learned advocate Mr. Mehta, ad interim
order is clarified that respondent nos. 1 to 4 are jointly and
severally held liable in claim petition no. 560/2006. He submitted
that against awarded amount of Rs. 2,28,500/- two insurance company
are join as a party one is New India Assurance Co. Ltd and another
is present appellant ? Bajaj Allianz General Insurance Co. Ltd.
Therefore, he submitted that both are liable for 50-50%.
Therefore,
award may be stayed qua present applicant – appellant only for 50%.
Accordingly, applicant shall have to deposit 50% amount together
with costs and interest as awarded by claims Tribunal. It is made
further clear that rest of award means remaining 50% is not stayed
by this Court against New India Assurance Co. Ltd. It is open for
claimants to recover remaining 50% amount from New India Assurance
Co. Ltd in accordance with law.
(H.K.RATHOD,
J)
asma
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