Posted On by &filed under Gujarat High Court, High Court.


Gujarat High Court
National vs Ramsingbhai on 9 August, 2010
Author: Ravi R.Tripathi,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	 
	


 


	 

CA/5894/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION No. 5894 of 2010
 

In


 

FIRST
APPEAL No. 1485 of 2010
 

 
=================================================
 

NATIONAL
INSURANCE CO. LTD - Petitioner(s)
 

Versus
 

RAMSINGBHAI
BHAIJIBHAI PADHIYAR & 2 - Respondent(s)
 

=================================================
 
Appearance
: 
MR
MEHUL SHARAD SHAH for Petitioner(s) : 1, 
MR.HIREN M MODI for
Respondent(s) : 1, 
NOTICE SERVED for Respondent(s) : 2 -
3. 
=================================================
 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE RAVI R.TRIPATHI
		
	

 

 
 


 

Date
: 09/08/2010 

 

ORAL
ORDER

RULE.

Mr.Hiren M. Modi, learned advocate waives service of rule on behalf
of respondent no.1-claimant, who is the main contesting party. The
other opponents, viz. driver and owner of the vehicle involved in the
accident are not going to be adversely affected by the order which
may be passed in this Civil Application.

2. The
applicant- appellant- Insurance Company has already deposited the
entire amount of the award with interest and cost. The Insurance
Company has deposited, in all, Rs.1,06,580/-. At the first instance,
Rs.25,000/- has been deposited for ‘no fault liability; thereafter,
Rs.25,000/- has been deposited under section 173 of the Motor
Vehicles Act; and finally, Rs.56,680/- has been deposited during the
pendency of this appeal.

Taking into
consideration the fact that it is an injury case and the claimant is
an agriculturist, the Tribunal is directed to deposit the aforesaid
amount in a Cumulative Fixed Deposit Account of any Nationalized Bank
in the name of respondent /claimant, initially for a period of three
years with periodical renewals till the appeal is
finally decided by this Court. Though the amount is deposited in the
name of the respondent/ claimant, the Fixed Deposit Receipt shall
remain with the Nazir of the Claims Tribunal till the appeal is
finally decided by this Court.

The Tribunal is
also directed to allow withdrawal of the interest amount accruing on
the fixed deposit to the claimants every quarter on proper
verification.

3. With the
above directions, the Civil Application is disposed of. Rule is made
absolute.

(RAVI
R. TRIPATHI, J.)

karim

   

Top


Leave a Reply

Your email address will not be published. Required fields are marked *

* Copy This Password *

* Type Or Paste Password Here *

93 queries in 0.150 seconds.