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SCA/8591/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8591 of 2010
=========================================================
MINOR
PRAVINBHAI LALJIBHAI ROHIT THRO HIS FATHER GUARDIAN - Petitioner(s)
Versus
KIRITBHAI
BHIKHABHAI CHAUHAN & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VA MANSURI for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 28/07/2010
ORAL
ORDER
Heard
learned Advocate Mr. VA Mansuri for petitioner.
In
this petition, petitioner has challenged order passed by Motor
Accident Claims Tribunal in Motor Accident Claim Petition No.
1049/2008 below Exh. 3 dated 14th September, 2009. Claim
petition is filed by petitioner before Claims Tribunal Nadiad under
section 166 of Motor Vehicles Act. During the pendency of said
application, petitioner filed application under section 140 of Motor
Vehicles Act claiming interim compensation from respondents. Said
application was examined by claims tribunal and claims tribunal
directed respondents to pay Rs.25000.00 with 9 per cent interest
holding joint and several liability of respondents. Grievance of
petitioner is that no withdrawal has been permitted by claims
tribunal to petitioner and entire amount has been ordered to be
invested in FDR and, therefore, present petition has been filed by
petitioner for modification of aforesaid order passed by claims
tribunal, Nadiad.
In
light of these facts, petitioner has not made any request before
claims tribunal concerned to permit withdrawal of some amount on the
basis of necessity. Therefore, let petitioner may approach claims
tribunal by filing appropriate application for withdrawal of some
amount by pointing out reasons for withdrawal of some amount within
one month from date of receiving copy of present order.
As
and when such application made by petitioner for withdrawal of some
amount is received by claims tribunal, Nadiad, it is directed to
claims tribunal, Nadiad to consider necessity and requirement of
some amount to be withdrawn by petitioner and, thereafter, to pass
appropriate reasoned order after giving reasonable opportunity of
hearing to respective parties within two months from the date of
receiving such application from petitioner.
In
view of these observations and directions, this petition is disposed
of by this court without expressing any opinion on merits.
(H.K.
Rathod,J.)
Vyas
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