Gujarat High Court Case Information System
Print
FA/1272/2010 5/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1272 of 2010
With
CIVIL
APPLICATION No. 5109 of 2010
In
FIRST APPEAL No. 1272 of 2010
=========================================================
IFFCO-TOKIO
GEN. INS. CO. LTD. - Appellant(s)
Versus
BHARATBHAI
NATHABHAI BALDHA THROUGH LEGAL HEIRS DAXABEN & 4 - Defendant(s)
=========================================================
Appearance
:
MR
AJAY R MEHTA for
Appellant(s) : 1,
None for Defendant(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 11/05/2010
ORAL
ORDER
Order
in the Appeal:-
Learned
advocate Mr. Ajay Mehta submitted that the learned Tribunal has taken
into account the future/prospective income in a claim petition
preferred under Section-163A in which an account of absence of any
evidence regarding income the Tribunal ought to have proceeded on the
basis of notional income. He submitted that even after deciding to
proceed on the basis of notional income the Tribunal has also taken
into account future/prospective income. He also submitted that the
Tribunal has further committed error while determining the monthly
income in as much as at one stage the Tribunal held that notional
income should be treated as Rs.2,500/- per month whereas subsequently
the Tribunal has taken into account monthly pay at Rs.4,500/-.
The
substance of the appellant’s objection brings about a situation that
at least so far as determination of notional income at Rs.2,500/- is
concerned there is no dispute on side of the appellant and to that
extent the award is not disputed. On that basis, the undisputed
amount would come to about Rs.3,10,000/-. Therefore, the challenge
in the appeal is restricted to the balance amount i.e. Rs.4,62,833/-
minus Rs.3,10,000/- i.e. Rs.1,52,833/-.
In
this view of the matter, learned advocate Mr. Mehta seeks leave to
amend the appeal memo particularly details regarding the Court fees
and jurisdiction and also to amend the details in the appeal memo
wherever correction may be necessary to clarify that the challenge is
limited to Rs.1,52,833/-.
Leave
to amend the memo of the appeal is granted.
Considering
the aforesaid submissions and objections, Admit.
Order
in the Civil Application:-
Rule
returnable on 23/6/2010. Until then ad interim relief in terms of
para-6(i) on the condition that the applicant-appellant shall deposit
entire awarded amount together with interest and cost on or before
5/6/2010. After the deposit is made, taking into account that sum of
Rs.3,10,000/- with proportionate interest and cost is undisputed
amount, learned Tribunal shall allow the claimant no.1 i.e. the widow
of the deceased to withdraw 50% of her share with proportionate cost
and interest as per the apportionment determined in the award i.e.
50% of awarded (undisputed part) amount in her favour and the balance
50% amount shall be invested in fixed deposit with any nationlised
bank in name of claimant no.1 widow of the deceased, however, the
receipt of the fixed deposit shall be maintained with the Tribunal.
The said balance amount shall be invested for a period of three years
and interest shall be allowed to be paid to the claimant. If by the
expiry of three years period the appeal is not decided, it will be
open to the claimant to move appropriate application to withdraw
balance 50% amount. The release of the invested amount in favour of
the claimant no.1 widow would be subject to the orders that may be
passed by the Court.
So
far as claimant no.3 i.e. mother of the deceased is concerned, she
has been awarded 30% of the awarded amount. The claimant no.3 i.e.
mother of the deceased is also permitted to withdraw 50% of her share
with appropriate interest and cost awarded to her i.e. 50% of 30% of
the total awarded (undisputed part) amount. The balance 50% amount
of her share also shall be invested in fixed deposit with any
nationlised bank in name of claimant no.3 mother of the deceased,
however, the receipt of the fixed deposit shall be maintained with
the Tribunal. The said balance amount shall be invested for a period
of three years and interest shall be allowed to be paid to the said
claimant. If by the expiry of three years period the appeal is not
decided, it will be open to the said claimant to move appropriate
application to withdraw said balance 50% amount. The release of the
invested amount in favour of the claimant no.3 mother of the deceased
would be subject to the orders that may be passed by the Court.
The
entire amount/share awarded to the minor claimant shall be invested
in fixed deposit in the name of Nazir of the Court. The said fixed
deposit shall be made initially for a period of five years and shall
be continued to be renewed until he becomes major. The interest
accrued on the said fixed deposit of the minor claimant is allowed to
be withdrawn by the mother of the minor claimant (i.e. claimant no.1
widow of the deceased) to be used only for the education of the
minor.
The
original claimants shall not be allowed to create any charge in any
manner whatsoever against the invested amounts.
The
deposited amount i.e. Rs.1,52,833/- with proportionate cost and
interest shall be invested in cumulative fixed deposit for a period
of five years and the same will be continued to be renewed from time
to time until final hearing and decision of the appeal.
(K.M.THAKER,
J.)
(ila)
Top