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CA/538/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 538 of 2010
In
FIRST
APPEAL No. 3144 of 2007
=========================================================
NAZIR
FAKIR MOHEMMED PATHAN - Petitioner(s)
Versus
UNITED
INDIA INSURANCE CO LTD & 3 - Respondent(s)
=========================================================
Appearance
:
MR
MTM HAKIM for
Petitioner(s) : 1,
MS AMEE YAJNIK for Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 25/01/2010
ORAL
ORDER
Heard
learned advocates appearing on bebhalf of respective parties.
First
Appeal is filed by opponent original appellant insurance company
challenging the award passed by MACT, Baroda in MACP No.2166 of 1997.
The claims tribunal has awarded Rs.4,46,300/- with 7.5% interest in
favour of claimant, but, this appeal is preferred by appellant
insurance company challenging the amount of Rs.1,46,300/- only.
Learned
advocate Mr. Hakim submitted that out of unchallenged amount, 30%
amount was disbursed in favour of claimant which comes to
Rs.90,000/-. Now, present application is filed by applicant with a
prayer to disburse some further amount in his favour because of
marriage ceremonies of his two sons are to be performed on 26th
January 2010 to 28th January 2010. Therefore, he requires
some further amount to meet with an expenses.
In
light of this background, this Court is not disbursing any amount in
favour of claimant from the amount challenged by appellant insurance
company before this Court, but, from unchallenged, it is directed to
claims tribunal concerned to pay Rs.2,10,000/- with accruing interest
till date by account payee cheque in name of Nazir Fakir Mohemmed
Pathan, after proper verification.
Before
issuing cheque in name of applicant claimant, claims tribunal
concerned is also directed to verify as to whether the amount which
is to be issued by account payee cheque, is from the unchallenged
amount or not as per directions issued by this Court. Thereafter,
cheque is to be issued in favour of applicant claimant as directed by
this Court today.
It
is also made clear by this Court that no amount is to be disbursed in
favour of applicant claimant from challenged amount.
In
view of above observations and directions, present application is
disposed of.
Direct
service is permitted.
[H.K.
RATHOD, J.]
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