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FA/201/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 201 of 2010
To
FIRST
APPEAL No. 202 of 2010
With
CIVIL
APPLICATION No. 1148 of 2010
In
FIRST APPEAL No. 201 of 2010
To
CIVIL
APPLICATION No. 1149 of 2010
In
FIRST APPEAL No. 202 of 2010
=========================================================
NEW
INDIA ASSU CO LTD ( JUNAGADH ) TROUGH ITS LEGAL CELL - Appellant(s)
Versus
LAKHABHAI
RAIDHANBHAI JILADIYA & 4 - Defendant(s)
=========================================================
Appearance
:
MR
VIBHUTI NANAVATI for
Appellant(s) : 1,
None for Defendant(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 04/02/2010
ORAL
ORDER
Heard
learned Advocate Mr. Vibhuti Nanavati for appellant in both appeals.
Considering his submissions, appeal are admitted.
In
Civil Application for stay filed in these appeals,considering
submissions made by learned advocate Mr. Nanavati for applicant,
rule returnable on 10th March, 2010 in both civil
applications. Ad interim relief in terms of para 6(A) in both
applications on condition that the applicant insurance company shall
have to deposit entire awarded amounts together with costs and
interest before claims tribunal concerned on or before returnable
date.
After
realizing said amount, it is directed to claims tribunal to pay 30
per cent amount by way of an account payee cheque to father of minor
son who died in accident namely Yasinbhai Yakubbhai Mulla in First
Appeal No. 202 of 2010 arising from MACP No. 502 of 2007 after
proper verification. Rest of the amount including amount of first
appeal no. 201 of 2010 arising from MACP No. 519 of 2007 are ordered
to be invested by claims tribunal in FDRs in any nationalized bank
with cumulative interest initially for a period of three years, to
be renewed from time to time till first appeals are finally decided
by this court, in the name of respective respondents claimants but
FDRs shall remain in custody of Nazir of claims tribunal till
appeals are finally decided by this court. Claimants in both appeals
are not entitled to have interest on said FDRs till first appeals
are finally decided by this Court.
(H.K.
Rathod,J.)
Vyas
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