Gujarat High Court High Court

Oriental vs Renukaben on 3 July, 2008

Gujarat High Court
Oriental vs Renukaben on 3 July, 2008
Author: K.A.Puj,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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FA/1769/2008	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

FIRST
APPEAL No. 1769 of 2008
 

with
 

CIVIL
APPLICATION NO. 4370 OF 2008
 

 
=========================================================

 

ORIENTAL
INSURANCE COMPANY LTD - Appellant(s)
 

Versus
 

RENUKABEN
RATILAL PATHAK & 4 - Defendant(s)
 

=========================================================
 
Appearance
: 
MR
GC MAZMUDAR for
Appellant(s) : 1,MR HG MAZMUDAR for Appellant(s) : 1, 
None for
Defendant(s) : 1 -
5. 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE K.A.PUJ
		
	

 

 
 


 

Date
: 03/07/2008 

 

 
 
ORAL
ORDER

The
appellant/ original applicant insurance company has filed this appeal
and Civil Application against the judgment and order passed by the
Motor Accident Claims Tribunal (Aux), Fast Track Court, Vadodara, on
19th July 2007 in MACP No. 312 of 1998 awarding
compensation of Rs 15,000/- since, the claim involved in this appeal
is only of Rs 15,000/- and looking to the smallness of the amount
the Court is not inclined to entertain this appeal. It is however,
made clear that the Court has not gone into merits of the matter and
dismissal of this appeal will not come in the way of the Insurance
Company to challenge the award passed by the Claims Tribunal in
other claim petitions arising out of the same accident. This appeal
is accordingly dismissed only on the ground of smallness of the
amount.

Civil
Application No. 4370 of 2008.

Since,
the appeal is dismissed there is no question of granting any stay
against the impugned order. The Civil Application is accordingly
rejected. The applicant Insurance Company shall deposit the
amount due and payable under the impugned award with the Claims
Tribunal within four weeks from today. The amount deposited with this
Court at the time of filing this appeal shall be transmitted to the
claims Tribunal forthwith. The Claims Tribunal shall disburse and /
or invest the amount awarded under the impugned award in accordance
with the award passed by the Claims Tribunal.

(K.A
Puj,J)

mary//

   

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