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.)
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