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CA/4498/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 4498 of 2011
In
FIRST
APPEAL No. 697 of 2011
=========================================
NATIONAL
INSURANCE COMPANY - Petitioner(s)
Versus
HEIRS
OF DECEASED FEROZ LATIFBHAI RARANI, LATIFBHAI ABUBAKAR & 9 -
Respondent(s)
=========================================
Appearance :
MR
DAKSHESH MEHTA for
Petitioner(s) : 1,
RULE NOT RECD BACK for Respondent(s) : 1 - 8.
-
for Respondent(s) : 9 - 10.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 20/06/2011
ORAL
ORDER
1. Present
application has been preferred by the applicant-original
appellant-original opponent no.5 National Insurance Company for an
appropriate interim relief to stay further implementation and
operation of the judgment and award passed by the learned Motor
Accident Claims Tribunal (Main), Jamnagar dated 30.11.2010 passed in
MACP No.799 of 2007.
2. Having heard
Shri Mehta, learned advocate for the applicant and Shri Parth Tolia,
learned advocate appearing on behalf of the original claimant and
considering the impugned judgment and award, it appears that the
applicant Insurance Company is liable to pay compensation to the
extent of 25%. It is reported that applicant Insurance Company has
deposited the amount due and payable under the award with
proportionate cost and interest. It appears that balance 70% amount
with proportionate cost is required to be deposited / paid by the
Insurance Company of Truck involved in the accident and/ or driver
and owner of truck involved in the accident.
3. Having heard
the learned advocates for the respective parties and to protect the
interest of the widow, ad-interim relief granted earlier vide order
dated 29.4.2011 is made absolute as interim relief till final
disposal of the main First Appeal with further modification that Rs.
10,000/- to be paid to the original claimant nos.1 and 3 each by
Account Payee Cheque and thereafter rest of the amount deposited by
the applicant herein shall be invested by the Tribunal in the name of
original claimant Nos. 3 to 6 in Fixed Deposit in any Nationalized
Bank initially for a period of five years, which shall be renewed
from time to time till final disposal of the present appeal and the
original claimant nos. 3 to 6 shall be permitted to withdraw the
periodical interest on the same. The FDR be retained with the Nazir
of the Tribunal. There shall not be any loan and/ or advance on the
said Fixed Deposit. Rule is made absolute to the aforesaid extent.
(M.R.SHAH,
J.)
kaushik
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