Gujarat High Court Case Information System
Print
FA/4/2010 1/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4 of 2010
To
FIRST
APPEAL No. 5 of 2010
=================================================
NATIONAL
INSURANCE COMPANY LIMITED - Appellant(s)
Versus
DINESHBHAI
GORDHANBHAI PARMAR & 3 - Defendant(s)
=================================================
Appearance
:
MR
MAULIK J SHELAT for Appellant(s) : 1,
MR MEHUL S SHAH for
Defendant(s) : 1,
MR SURESH M SHAH for Defendant(s) : 1,
None
for Defendant(s) : 2,2.2.1
MR DIVYESH SEJPAL for Defendant(s) :
3,
MS AMRITA AJMERA for Defendant(s) : 3,
NOTICE SERVED for
Defendant(s) : 4,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 20/07/2010
COMMON
ORAL ORDER
Heard
learned advocate Mr.Maulik J. Shelat for the appellant in the present
appeals. The present First Appeals were taken up for consideration.
Learned advocate Mr.Shelat submitted that the Tribunal has not
decided the issue of validity of licence of Chhakda driver
whether he possessed a driving licence to drive transport vehicle, as
he was driving a ‘Chhakda’ at the time of the accident.
Learned advocate for the Insurance Company submitted that this issue
was raised in terms before the Tribunal but some how or the other
that issue has not been decided by the Tribunal.
The
learned advocate for the appellant-Insurance Company submitted that
the Insurance Company has already filed a review application being
Review Application No.51 of 2010 wherein a prayer is made as under :
6(1) Judgement
and award dtd.24/06/2009 passed by the Hon’ble Tribunal in CC
No.524/04 & 525/04 should be reviewed and corrected and the date
of renewal mentioned on page no.27, para 22, line 17 may be corrected
and it should be written as 16/03/2004 to 15/03/2007.
It
is also prayed in the said application, in clause (2) that,
6(2) The
observation made on page no.28, para 22, last three line should be
corrected as Auto Rickshaw falls under the category of Auto
Rickshaw Passenger and Auto Rickshaw goods
The
learned advocate having realised that the prayer clause is not worded
in prayer form, states that he will see to it that necessary
amendment is sought for the same. He also states that as the
contention with regard to holding of licence for driving vehicle of a
particular category was raised in the pleadings; but no issue was
raised and no finding is recorded, hence Insurance Company will file
appropriate application for the same. He requests that the Hon’ble
Tribunal be directed to decide the same in a time frame. The request
is granted.
2. The
Tribunal is directed to decide the pending review application as well
as any application which may be filed by the Insurance Company, as
early as possible but not later than six months from the date of
receipt of such application. It is made clear that it will be open
for the Tribunal to decide the question of maintainability of such
application while deciding the application filed by the Insurance
Company. The Tribunal will decide the Review Application as well as
any other application strictly in accordance with law without being
influenced by any observation made by this Court. The above
directions are without prejudice to the rights of both the parties.
In
view of the fact that the appellant-Insurance Company has already
deposited the awarded amount before the Tribunal, which is subject to
‘interim order’ passed by this Court on 8th February 2010,
whereby the Tribunal is directed not to execute common award passed
by the Claim Tribunal is modified as under:
Out
of the amount deposited it will be open for the claimants to withdraw
30% amount with proportionate cost and interest and the remaining
amount shall be deposited in Fixed Deposit with any nationalised
bank, initially for a period of one year. In the event the Review
Application and any other application is not decided as per the
direction issued hereinabove, then the Tribunal shall seek necessary
orders for re-investment of the said amount. The Tribunal is also
directed to pay quarterly interest to the claimants on the amount
deposited in Fixed Deposit on proper verification.
In
view of the aforesaid observation the present First Appeals are
disposed of at this stage. Notice is discharged. Interim direction
issued in both these matters is vacated.
(RAVI
R. TRIPATHI, J.)
karim
Top