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CA/2933/2009 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 2933 of 2009
In
FIRST
APPEAL No. 1296 of 2003
=========================================================
DHAYABHAI
GOVINDBHAI & 4 - Petitioner(s)
Versus
NATIONAL
INSURANCE CO. LTD & 4 - Respondent(s)
=========================================================
Appearance
:
MS
AMRITA AJMERA for
Petitioner(s) : 1, 1.2.1, 1.2.2, 1.2.3,1.2.4 - 5.
MR NK MAJMUDAR
for Respondent(s) : 1,
None for Respondent(s) : 2 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 18/03/2009
ORAL
ORDER
Heard
learned advocate Ms. Amrita Ajmera on behalf of applicant, learned
advocate Mr. NK Majmudar appearing for respondent insurance company.
The
claims Tribunal, Dhangadhra has passed an awarded dated 10/1/2002
and granted Rs. 4,45,000/- with 9% interest in favour of respondent
claimants.
Learned
advocate Ms. Ajmera submitted that total amount of Rs. 7,16,594/- is
deposited by insurance company before claims Tribunal and out of
that, Rs. 60,000/- is directed to withdraw by claimants in respect
to share of Govindbhai Panabhai, Kankuben Govindbhai and Ansuyaben
Chaturbhai and interest is to be paid to three claimants quarterly
which can be utilized for maintenance of family and education and
welfare of minors.
She
submitted that this Court has passed an order in civil application
no. 4730/2003 dated 17/11/2003, following order is passed by
Division Bench of this Court, which is quoted as under:
?SShri
Karia appearing for the claimants wants the release of the award
amount deposited by the appellants with the Claims Tribunal. The
family of the claimants consists of five members including two
minors. Disbursement of total amount of compensation is not in the
interest of family nor we see any justification for doing so.
Consequently
we direct as under:
An amount of Rs.60,000 (Rupees Sixty thousand) falling to the share of Shri Govindbhai Panabhai, Kankuben Govindbhai and Ansuyaben Chaturbhai be released in their favour equally after proper verification. Remaining amount be invested with any Nationalised Bank near the place of their residence by the Claims Tribunal and the Manager of the Bank will release the interest in favour of abovenamed three claimants quarterly to be utilised for the maintenance of the family and education and welfare of the minors. The Civil Application stands disposed of. Rule is made absolute.??
In
view of aforesaid order passed by this Court, she submitted that
confusion is that whether Rs. 60,000/- is to be disbursed in favour
of three claimants individually or Rs. 60,000/- is to be disbursed
only three claimants. Therefore, claims Tribunal has not properly
understood order passed by this Court as referred above and due to
that confusion, amount is not paid to claimants by claims Tribunal.
In
light of this back ground, it is directed to claims Tribunal to pay
Rs. 60,000/- each between to Kankuben Govindbhai, Ansuyaben
Chaturbhai by A/c payee cheque in their name after proper
verification and rest of amount Rs. 60,000/- for Govindbhai who
expired subsequently, claims Tribunal is directed to pay Rs.
20,000/- to Dahyabhai Govindbhai, Rs. 20,000/- to Hirabhai
Govindbhai and Rs. 20,000/- Dayarambhai Govindbhai by A/c payee
cheque in their name because this are legal heirs and representative
of Govindbhai Panabhai who died subsequently. Kankuben is widow of
Govindbhai and this Court has already disbursed Rs. 60,000/- in
favour of her.
Therefore,
it is made it clear that there may not be subsequently any confusion
to claims Tribunal. The claims Tribunal has to pay Rs. 60,000/- to
Kankuben and Rs. 60,000/- to Anshuyaben and Rs. 20,000/- to each as
referred above legal heirs of Govindbhai Panabhai by A/c payee
cheque in their name and interest accrued upon FDR is to be
periodical paid to respondent claimants.
In
view of above observations and directions, present application is
disposed of.
(H.K.RATHOD,
J)
asma
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