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CA/15312/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 15312 of 2007
In
FIRST
APPEAL No. 5383 of 2007
=========================================================
MORARBHAI
HARIBHAI VASAVA & 1 - Petitioner(s)
Versus
BABUBHAI
DHIRUBHAI KHANT (DELETED) & 4 - Respondent(s)
=========================================================
Appearance
:
MS
SNEHA A JOSHI for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1,
RULE SERVED
for Respondent(s) : 2, 5,
MR KK NAIR for Respondent(s) : 3,
MR
EKANT G AHUJA for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 12/09/2008
ORAL
ORDER
Heard
learned advocate Ms. SA Joshi on behalf of applicants claimants
father and mother of deceased, learned advocate Mr. Ahuja appearing
for respondent no. 4 wife of deceased.
The
claims Tribunal has awarded Rs. 2,15,000/- with 7.5% interest and
50% equal amount is directed to be disbursed between parents and
wife of deceased.
Learned
advocate Mr. KK Nair appearing for insurance company submitted that
Insurance company has deposited Rs. 4,96,800/- before claims
Tribunal.
Therefore,
at this stage, before hearing first appeal, this being internal
dispute between family members on the ground that respondent no. 4
is remarried after the death of her husband. Therefore, applicants
are now objecting for 50% share, which has been awarded by claims
Tribunal in favour of respondent no. 4.
Therefore,
this being a very small issue between parties and only on that
ground, appellants has filed appeal challenging the direction for
50% equal share in favour of wife of deceased. Therefore, claims
Tribunal is directed to pay Rs. 75,000/- to the parents of deceased
Rs. 75,000/- to wife of deceased by A/c payee cheque in the name of
Morarbhai Haribhai Vasava and Shakuntlaben Rasikbhai Vasava
respectively and rest of amount is to be invested in any
Nationalized Bank in the name applicants for a period of three years
with periodical renewal.
The
FDR is to be remained with Nazir department of Tribunal. The
applicants father and mother of deceased are entitled periodical
interest upon said FDR till further order is passed by this Court.
The appeal is admitted by this Court on 26/12/2007. The Rule in
Civil application with ad interim relief in para 2(b) is modified as
referred above.
Direct
service is permitted to both applicants as well as respondent no. 4.
accordingly,
matter is adjourned on 6/10/2008.
(H.K.RATHOD,
J)
asma
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