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FA/1865/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1865 of 2008
With
CIVIL
APPLICATION No. 4523 of 2008
In
FIRST APPEAL No. 1865 of 2008
=========================================================
THE
NEW INDIA ASURANCE CO. LTD. - Appellant(s)
Versus
GULABSING
LALSING PARMAR (RAJPUT) & 3 - Defendant(s)
=========================================================
Appearance
:
MR
HASMUKH THAKKER for
Appellant(s) : 1,
MR HIMANSU M PADHYA for Defendant(s) : 1,
RULE
NOT RECD BACK for Defendant(s) : 2,
SHRIKAR H BHATT for
Defendant(s) : 3,
MR VIBHUTI NANAVATI for Defendant(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/07/2008
ORAL
ORDER
Heard
learned Advocate Mr. Thakkar for the appellant Insurance Company and
learned Advocate Mr. Sunil Trivedi for learned Advocate Mr. Padhya
for respondent No. 1 as well as learned Advocate Shrikar H. Bhatt
for respondent NO. 3. Learned Advocate Mr. Vibhuti Nanavati is
appearing for respondent NO.4.
Claims
Tribunal at Palanpur awarded amount of compensation of
Rs.2,00,800.00 in favour of the respondent claimant by award dated
23rd November, 2007 in MACP No. 256 of 2000. Challenge in
this appeal is to the extent of Rs.86,127/-. Appeal is valued at
Rs.86127.00 for the purpose of court fees. There is no challenge for
the rest of the amount.
This
court is aware about the fact that in first appeal, notice for final
disposal was issued by this court by order dated 28.4.2008. But, ,
considering the pendency of many matters which are very old than the
present one, it is not possible for this Court to take up this
appeal for final disposal. Therefore, considering the submissions of
the learned advocates for the parties, appeal is admitted.
Ad
interim relief in Civil Application No. 4523 of 2008 is granted by
order dated 28.4.2008 in terms of para 6(A) to the extent the amount
is under challenge in the appeal. Therefore, learned advocate Mr.
Thakkar for the appellant has submitted that most probably the rest
of the amounts must have been deposited by the insurance company
before the claims tribunal concerned. Therefore, in view of such a
statement made by the learned Advocate Mr.Thakkar before this Court,
only with a view to avoid the confusion, it is directed to the
insurance company to deposit the entire amount as per award together
with costs and interest till date before the claims tribunal
concerned within one month if it has not been deposited so far by
the insurance company till date. Amount, if any, deposited by the
insurance company in the registry of this Court be transmitted to
the claims tribunal, if it has not been transmitted so far till
date.
After
realizing the aforesaid amounts by the claims tribunal, it is
directed to the claims tribunal to disburse Rs.1,00,000.00 in the
name of claimant Gulabsing Lalsing Parmar (Rajput) by an account
payee cheque drawn in his favour and rest of the amount is ordered
to be invested in any nationalized bank in FDR initially for a
period of five years which will be renewed thereafter from time to
time with interest accrued thereon till the appeal is finally
decided by this court. Though the FDR of the rest of the amount will
be in the name of the claimant, the FDR shall remain in the safe
custody of the Nazir of the Claims Tribunal concerned till the
appeal is finally decided by this Court. It is clarified that the
claimant will not be entitled for any amount of interest accruing on
the said FDR till the appeal is finally decided by this court. Rule
in this civil application is accordingly made absolute in terms in
terms indicated here in above.
Learned
Advocate Mr. Sunil Trivedi for learned Advocate Mr. Padhya for
respondent NO. 1 as well as learned advocate Mr. Shrikar Bhatt for
respondent NO. 3 waives notice of admission in the appeal. Rest of
the parties are to be served.
(H.K.
Rathod,J.)
Vyas
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