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CA/6085/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 6085 of 2008
In
FIRST
APPEAL No. 2421 of 2008
=========================================================
NEW
INDIA INSURANCE CO LTD - Petitioner(s)
Versus
KANTABEN
MAFABHAI LAKHABHAI SHEKHALIYA (HARIJAN) & 6 - Respondent(s)
=========================================================
Appearance
:
MR
HASMUKH THAKKER for
Petitioner(s) : 1,
MR
HIMANSHU M PADHYA FOR respondent Nos.1-5
MR HS MUNSHAW for
Respondent(s) : 6,
MS
KIRAN PANDEY AGP FOR RESPONDENT
nO.7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/07/2008
ORAL
ORDER
1. Heard learned advocate Mr.H.M.Thakker for the applicant ? Insurance Co., learned advocate Mr.H.M.Padhya for respondent Nos.1 to 5, learned advocate Mr.Munshaw for respondent No.6 and learned AGP Ms.Kiran Pandey for respondent No.7.
2. The claims Tribunal, Palanpur has awarded the amount of compensation of Rs.2,61,340/- with 9% interest.
3. Rule. Learned advocate Mr.H.M.Padhya for respondent Nos.1 to 5, learned advocate Mr.Munshaw for respondent No.6 and learned AGP Ms.Kiran Pandey for respondent No.7, waives service of notice of Rule.
4. No doubt, this Court has made it clear not to disburse any amount as per order passed by this Court on 14.5.2008. However, considering the submissions made by learned advocates for the respective parties and the Tribunal has issued direction about disbursement and the fact that Mafabhai Lakhabhai Shekhaliya has expired in the said accident and therefore, out of the deposited amount by the applicant ? Insurance Co. together with cost and interest, the claims Tribunal is directed to disburse 40% amount in favour of Kantaben wd/o Mafabhai Lakhabhai Shekhaliya by account payee cheque and rest of the 60% amount be invested in fixed deposit with cumulative interest initially for a period of five years with periodical renewal in the name of claimants. The said FDRs shall remain with the Nazar of the claims Tribunal till the appeal is finally decided by this Court. The respondents – original claimants are not entitled to any interest upon said FDRs till the appeal is finally decided by this Court. Accordingly, rule is made absolute to that extent.
(H.K.RATHOD,J.)
(vipul)
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