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CA/15653/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 15653 of 2010
In
FIRST
APPEAL No. 3847 of 2010
=========================================
NATIONAL
INSURANCE COMPANY LIMITED - Petitioner(s)
Versus
BHIKHABHAI
GALBABHAI PATEL & 4 - Respondent(s)
=========================================
Appearance
:
MR MAULIK J
SHELAT for
Petitioner(s) : 1,
RULE SERVED BY DS for Respondent(s) : 1 -
5.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 25/01/2011
ORAL
ORDER
1. Present
application has been preferred by the applicant – original
appellant – National Insurance Company Limited for interim
relief to stay further execution, implementation and operation of the
judgment and award dated 18.08.2010 passed by the learned Motor
Accident Claims Tribunal (Auxi.), FTC No.2, Himatnagar, Camp at Idar
in M.A.C.P. No.123/2007, till the final disposal of the main First
Appeal.
2. Shri
Maulik Shelat, learned advocate appearing on behalf of the applicant
has stated at the Bar that pursuant to the order passed by this Court
dated 16/12/2010, applicant has already deposited the entire amount
as awarded by the learned Tribunal.
3. Though
served, nobody appears on behalf of respondent – original
claimant. While issuing Rule, the learned Single Judge has granted
ad-interim relief and passed the following order..
Rule
returnable on 25.01.2011. By way of ad-interim relief, In the
meanwhile there shall be ad-interim relief in terms of paragraph 3(A)
on the condition that the applicant shall deposit the decretal amount
before the Tribunal.
On
depositing the entire decretal amount by the applicant-
Insurance Company together with accrued interest and costs, Claims
Tribunal concerned is directed to invest 50% thereof in any
Nationalized Bank in the name of respondent claimant/s initially for
a period of three years with periodical renewal with a condition that
claimants will get quarterly interest upon said FDR till the appeal
is finally decided by this Court. The interest amount be paid to
wife Kiranben, mother-Khumaben and father-Bhikhabhai in the ratio of
2:1:1 .
Though
the said FDR is in the name of respondent-claimant/s, it shall remain
with Nazir of Claims Tribunal concerned till the appeal is finally
decided by this Court.
The
rest of 50% amount is permitted to be withdrawn by the
respondent-claimant/s, by account payee cheque, after proper
verification subject to final result in the appeal in the following
share:-
Kiranben
Wd/o Prakashbhai Patel – 25%
Khumaben
Bhikhabhai Patel – 12.5%
Bhikhabhai
Gababhai Patel – 12.5%
Respondents
are permitted to be served by Direct Service as well as Registered
Post AD.
4. Hence,
ad-interim relief granted earlier is directed to be continued as
interim relief till the final disposal of the appeal on the same
terms and conditions. Rule is made absolute accordingly. No costs.
(M.R.
Shah, J.)
*menon
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