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FA/744/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 744 of 2010
With
CIVIL
APPLICATION No. 3629 of 2010
=========================================================
NATIONAL
INSURANCE COMPANY - Appellant(s)
Versus
ASHOK
CHINDHA PATIL & 1 - Defendant(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for
Appellant(s) : 1,
None for Defendant(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 22/04/2010
ORAL
ORDER
Order
in First Appeal No.744 of 2010:-
In
view of the contentions raised by the learned counsel appearing for
the appellant particularly with regard to loss of earning capacity,
it is necessary to take into account the entire evidence available on
record. Hence the Registry shall call for the record and proceedings
of Workman Compensation (NF) Case No.7 of 2005 from the Court of
Workmen’s Compensation Commissioner and Labour Court No.1, Bharuch so
as to reach this Court on or before 22/6/2010.
Notice
returnable on 22/6/2010.
Order
in Civil Application No.3629 of 2010:-
Rule
returnable on 22/6/2010. Until then ad interim relief in terms of
para-4(A) is granted. It is clarified that the Commissioner shall
pay 25% of the deposited amount to the opponent claimant only by
account payee cheque on the workman providing surety to the
satisfaction of the learned Commissioner and only after verification
of identity of claimant. The balance 75% of the deposited amount
shall be invested in fixed deposit initially for a period of six
months. The renewal of fixed deposit shall be subject to further
orders that may be passed in present civil application.
(K.M.THAKER,
J.)
(ila)
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