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FA/645/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 645 of 2010
With
CIVIL
APPLICATION No. 2901 of 2010
======================================
ORIENTAL
INSURANCE COMPANY LTD
Versus
HEIRS
AND LEGAL REPRESEN. OF DECEASED
NATUBHAI
SOMESHWAR VAL & ORS
======================================
Appearance :
Mr
Rituraj M Meena for the appellant
Ms AMRITA AJMERA for
Respondents Nos. 2 - 5.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE J.C.UPADHYAYA
Date
: 06/05/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
ADMIT.
Ms
Amrita Ajmera, learned counsel for respondents Nos.2 to 5 waives
service of notice of admission on behalf of respondents Nos.2 to 5.
CIVIL
APPLICATION NO.2901 OF 2010
This
application for stay of the execution of the impugned award dated
31st
January 2008 made by the Motor Accidents Claims Tribunal, (Main),
Nadiad in Motor Accident Claim Petition No.889 of 1996 has been filed
by the insurance company. He has submitted that the applicant
insurance company will deposit the award money in the Tribunal below
within a period of four weeks, if not already deposited.
Out
of the amount deposited by the insurance company, 50% of the same be
remitted to the claimants opponents Nos.2 to 5 against solvent
security. The remaining amount be invested in a nationalised bank in
a cumulative fixed deposit for a period of three years. On expiry of
the period of three years, the Fixed Deposit be renewed on the same
terms and conditions for two years every time till the appeal is
heard and finally decided. The claimants opponents Nos.2 to 5
will be entitled to recover the periodical interest every three
months.
Subject
to the above directions, interim relief is granted in terms of
paragraph 4(A) in respect of the award made against the applicant
insurance company. Civil Application stands disposed of.
(Bhagwati
Prasad, J.)
(J.C.Upadhyaya,
J.)
*mohd
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