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CA/4431/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 4431 of 2008
In
FIRST
APPEAL No. 1628 of 2008
=========================================================
NEW
INDIA ASSURANCE COMPANY LIMITED - Petitioner(s)
Versus
VIMALABEN
MAGANLAL JAGJIVANDAS RANDERIA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
VIBHUTI NANAVATI for
Petitioner(s) : 1,
UNSERVED-EXPIRED
(R) for Respondent(s)
: 1,
MR
KASHYAP R JOSHI for
Respondent(s) : 2,
RULE
SERVED BY DS for
Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 30/07/2008
ORAL
ORDER
Heard
learned Advocate Mr. Thomas for learned Advocate Mr. Vibhuti
Nanavati for the appellant Insurance Company.
Respondent
No.1 Vimlaben, widow of Maganlal Jagjivandas Randeria has expired
and her heirs and legal representatives are already on record as per
order passed in Civil Application No. 7648 of 2008 dated 9.7.2008
and, therefore, learned Advocate Mr. Kashyap R. Joshi is
representing respondent No. 2 who is son of deceased Vimlaben and
respondent NO.3 has been served. This Court has granted stay by
order dated 9th April, 2008 on condition to deposit
entire amount before the tribunal. Learned Advocate Mr. Thomas for
the insurance company submits that the entire amount as directed by
this court is deposited before the claims tribunal by the insurance
company together with interest and costs. Claims tribunal has
awarded compensation of Rs.4,79,565.00 with interest at the rate of
9 per cent per annum. The claims tribunal has directed for payment
of 30% amount to the claimants by account payee cheque and rest of
the amount is ordered to be invested in any nationalized bank for a
period of five years.
Claims
Tribunal is now directed to invest entire amount together with
interest and costs in any nationalized bank for a period of five
years in the names of the respondents claimants and the FDRs shall
remain in the custody of the Nazir of the Claims Tribunal concerned.
Such FDRs shall be renewed periodically from time to time till
further orders passed by this Court. Respondents original claimants
are entitled for the interest accruing on such FDRs periodically and
respondents claimants are entitled to withdraw the interest till
further orders passed by this Court. It is open for the respondents
claimants to work out their inter-se share and file such civil
application before this Court. Thereafter, this court will consider
for disbursement to the heirs of deceased respondent no.1. Registry
is directed to amend cause title of the first appeal as per order of
this court dated 9.7.2008 in Civil Application NO. 7648 of 2008.
Rule
in this civil application is made absolute accordingly. This civil
application is disposed of.
(H.K.
Rathod,J.)
Vyas
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