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CA/4075/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 4075 of 2011
In
FIRST
APPEAL No. 3860 of 2010
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NATIONAL
INSURANCE CO.LTD - Petitioner
Versus
PRAKASHKUMAR
MOHANLAL BODANA & 2 - Respondents
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Appearance :
MR
DAKSHESH MEHTA for the Petitioner.
RULE NOT RECD BACK for
Respondent(s) : 1, 3,
RULE SERVED for Respondent(s) : 1 - 2.
MR
VB MALEK FOR MR MA KHARADI for Respondent
No.1.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/05/2011
ORAL
ORDER
1. The
present application has been preferred by the applicant herein –
original respondent No.3 – National Insurance Company for
interim relief during the pendency and final disposal of the main
First Appeal, to stay further implementation, execution and operation
of the judgement and order dated 31/03/2005 passed in Motor
Accident Claim Petition No.773/1996 and order dated 31/08/2010
passed in Review Application No.499/2005 by Learned Judge of Motor
Accident Claims Tribunal, 1st Fast Track Court,
Panchmahals, Godhara.
2. Having
heard Mr.Dakshesh Mehta, learned advocate appearing on behalf of the
applicant – appellant and Mr.V.B.Malek, learned advocate
appearing for Mr.Kharadi, learned advocate appearing on behalf of
original claimant and considering the deposition of respondent No.2 –
Driver, there shall be interim relief in terms of para 5(A) on
condition that the Tribunal shall invest entire amount of
compensation awarded by the Tribunal in Fixed Deposits in any
Nationalised Bank in the name of Nazir with cumulative interest
initially for a period of 5 years and the same shall be renewed from
time to time till final disposal of the main First Appeal. The
claimant shall not be entitled to get interest on the aforesaid FDRS.
The FDRS shall be kept with Nazir of the Tribunal and there shall not
be any loan/advance on the said FDRS.
3. In
the facts and circumstances of the case, Registry is directed to call
for records and proceedings of the case from the Tribunal so as to
reach this Court on or before 20th June,2011. Paper book
and printing is dispensed with.
Registry
is directed to notify the main First Appeal for hearing on 22nd
June,2011 at the bottom of the first board. Rule is made absolute
accordingly. No costs.
[M.R.SHAH,J]
*dipti
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