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CA/7430/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 7430 of 2008
In
FIRST
APPEAL No. 2880 of
2008
=========================================================
BAJAJ
ALLIANZ GENERAL INSURANCE CO LTD - Petitioner(s)
Versus
HEMLATTABEN
JAYANANDBHAI PATEL & 4 - Respondent(s)
=========================================================
Appearance
:
MR
SHALIN N MEHTA for
Petitioner(s) : 1,
MR
KASHYAP R JOSHI for
Respondent(s) : 1
- 3.
RULE
NOT RECD BACK for
Respondent(s) : 4
- 5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 11/08/2008
ORAL
ORDER
Heard
learned advocate Mr. Shalin N. Mehta appearing on behalf of applicant
? Bajaj Allianz General Insurance Company Limited, learned advocate
Ms. Shital Mudaliyar for learned advocate Mr. Kashyap Joshi appearing
on behalf of opponents No.1 to 3 and rule issued by this Court is not
received back for opponents No.4 and 5.
The
Motor Accident Claims Tribunal (Aux.), Bharuch has passed an award in
Motor Accident Claim Petition No.197 of 2006 vide Exh.73 dated 27th
December 2007 awarded compensation of Rs.2,97,375/- with 9% interest.
This
Court has admitted the appeal on 4th July 2008 and in
Civil Application, ad-interim relief is granted in terms of Para 4A
on condition to deposit the entire awarded amount with interest and
cost with the Tribunal on or before returnable date and amount shall
not be disbursed without order of this Court.
Learned
advocate Mr. Mehta is not able to make statement that whether amount
is deposited by the Insurance Company before the Claims Tribunal or
not. However, let Claims Tribunal may verify it that whether amount
is deposited by the Insurance Company before the Claims Tribunal or
not.
After
verification and after realisation the amount from the Insurance
Company, if any, it is directed to Claims Tribunal to pay 30% amount
to widow Hemlattaben Jayanandbhai Patel by account payee cheque and
rest of 70% amount is to be invested in any nationalized bank for a
period of three years in the name of respondent claimant, but, FDR is
to be remained with Nazir of the Tribunal with a periodical renewal
and respondent claimant ? widow of deceased Hemlattaben is entitled
the interest upon the said FDR till the appeal is finally decided by
this Court.
Accordingly,
rule is made absolute to that extent.
Registry
is directed to transmit Rs.25,000/- deposited by Insurance Company,
if any, to the Claims Tribunal concerned immediately.
[H.K.
RATHOD, J.]
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