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CA/7304/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 7304 of 2008
In
FIRST APPEAL No. 2804 of 2008
To
CIVIL
APPLICATION - FOR STAY No. 7307 of 2008
In
FIRST APPEAL No. 2807 of 2008
=========================================================
NEW
INDIA ASSURANCE CO LTD - Petitioner(s)
Versus
CHAMPABEN
GANDUBHAI & 8 - Respondent(s)
=========================================================
Appearance
:
MR
HASMUKH THAKKER for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 - 6, 8,
RULE
NOT RECD BACK for Respondent(s) : 7,
RULE UNSERVED for
Respondent(s) :
9,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 04/08/2008
ORAL
ORDER
Heard
learned Advocate Mr.Hasmukh Thakker for the applicant Insurance Co.,
learned Advocate Mr. CL Soni for the original claimants in three
matters except Ms. Vilasben, claimant in Civil Application No. 7305
of 2008 and Mr. Amar Mithani, learned advocate for respondents
claimants in rest of the matters.
The
first appeals are arising from MACP NO. 601/97; 602/97; 632/97 and
719/97 wherein the claims tribunal has passed award of compensaiton
for Rs.6,01,500/-; Rs.6,73,000/-; Rs.6,37,000/- and Rs.94,700/-
respectively, while holding that the appellant insurance company is
liable to the extent of 30% in respect of the bus insured with the
appellant Co. Learned Advocate Mr. CL Soni for the claimants submits
that the applicant insurance company was praying for interim relief
in terms of para 6(A) by praying to stay pending admission, hearing
and final disposal of the appeal, the execution, operation and
implementation of the impugned award and, therefore, entire award
passed by the claims tribunal on 31st March, 2008 in each
claim petition has been stayed by this Court which is coming in the
way of the claimants to execute the impugned award against the
Oriental Insurance Co. Ltd. which is held 70% responsible for
payment of compensation by the claims tribunal.
Therefore,
considering the submissions made by the learned advocates for the
parties, it is clarified that the impugned award dated 31st
March, 2008 shall remain stayed qua applicant New India Assurance
Co.Ltd. and stay granted by this Court will not come in the way of
the claimants to execute the award against the another Insurance
Company namely Oriental Insurance Company Ltd.
Learned
Advocate Mr. Thakker for the applicant insurance company submits
that the applicant insurance company has already deposited the 30%
amount of compensation together with proportionate interest and
costs before the claims tribunal concerned.
Therefore,
it is directed to the claims tribunal to pay 30% of the total amount
deposited by the appellant Insurance CO. to the respondents
claimants by account payee cheque in the name of the respondents
claimants and rest of the 70% amount, out of the total amount
deposited by the appellant insurance company is ordered to be
invested in any nationalized bank initially for a period of five
years with cumulative interest with periodical renewal in the name
of the respondents claimants till the appeals are finally decided by
this Court. Though the FDRs of such investment will be in the name
of the respondents claimants, same shall remain in the custody of
the Nazir of the Claims Tribunal concerned and the respondents
claimants shall not be entitled to any interest accruing on such
FDRs till the appeals are finally decided by this Court.
Accordingly,
rule is made absolute in each of the civil application with no order
as to costs.
(H.K.
Rathod,J.)
Vyas
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