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CA/10118/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 10118 of 2010
In
FIRST
APPEAL No. 5700 of 2008
With
CIVIL
APPLICATION No. 10119 of 2010
In
FIRST APPEAL No. 5701 of 2008
To
CIVIL
APPLICATION No. 10126 of 2010
In
CIVIL APPLICATION - FOR ORDERS No. 10121 of 2010
=========================================================
TRIBE
(TARIBEN) VIGABHAI CHANDIABHAI GAMIT & 1 - Petitioner(s)
Versus
BABUBHAI
RAMABHAI GAMIT & 2 - Respondent(s)
=========================================================
Appearance
:
MR.HIREN M
MODI for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 - 2.
MR GC
MAZMUDAR for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 06/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
All
the applications are for seeking withdrawal of the amount as per the
earlier order on filing undertaking and it is alternatively prayed
to permit disbursement as ordered by the Tribunal.
We
have heard Mr. Hiren Modi for the applicants and Mr.Mazmudar for the
Insurance Company-original appellant.
It
appears that vide order dated 28.04.2010 passed by this Court in
Civil Application No.4382/10 and allied matters, the withdrawal of
50% and other percentage mentioned in the order has been permitted
on furnishing solvent security with a surety of the requisite
amount. But the contention of the claimant is that they are not in
a position to comply with the condition since they are labourers and
the can at the most file an undertaking for such purpose.
It
appears to us that in a claim petition, normally, the direction to
furnish solvent security and surety of the like amount would
practically deprive the claimant to have the fruits of the
litigation even if they have succeeded before the Tribunal. But at
the same time, the amount of withdrawal can be restricted in order
to see that if ultimately, the insurance company succeeds in the
appeal, effective orders can be passed in its favour for getting
back the amount.
Hence,
it is observed and directed that in all the matters, 20% withdrawal
shall be permitted by the Tribunal from the amount deposited by the
insurance company in the respective appeals, on filing an
undertaking by the concerned claimant that in the event they lose in
the appeal, the amount shall be refunded by them, if it is so
directed by this Court. The remaining amount of 80% amount shall be
invested by the Tribunal initially for a period of 3 years and such
investment shall be renewed from time to time until final disposal
of the appeal. The concerned claimant shall be entitled to the
periodical interest from time to time. Order dated 28.04.2010 in
Civil Application No.4382/10 and allied matters shall stand modified
to the aforesaid extent.
Applications
allowed to the aforesaid extent. D.S. permitted.
(JAYANT
PATEL, J.)
(H.B.
ANTANI, J.)
*bjoy
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