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CA/9010/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 9010 of 2008
=========================================================
NEW
INDIA ASSURANCE CO LTD. - Petitioner(s)
Versus
LALAJI
MULJI TRANSPORT CO. & 1 - Respondent(s)
=========================================================
Appearance
:
MR
RAJNI H MEHTA for
Petitioner(s) : 1,
None
for Respondent(s) : 1 - 2, 2.2.1,
2.2.2,
2.2.3,
2.2.4,2.2.5
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 12/08/2008
ORAL
ORDER
1. Heard
learned advocate Mr. S.B. Parikh appearing on behalf of applicant.
2. RULE
returnable on 11th September 2008.
3. Ad-interim
relief in terms of Para 6(i).
4. Learned
advocate Mr. Parikh submitted that amount of compensation awarded by
the Claims Tribunal together with cost and interest is already
deposited by the Insurance Company before the Claims Tribunal.
5. Therefore,
it is directed to Claims Tribunal concerned to pay 30% amount to
Madinaben Wd/o Asmalbhai by account payee cheque after proper
verification and rest of 70% amount is to be deposited in any
nationalised bank initially for a period of three years with
cumulative interest with periodical renewal in the name of respondent
claimant. Said FDR, though in the name of the claimant, shall remain
with Nazir of the Tribunal concerned till the appeal is finally
decided by this Court. The claimants are not entitled for interest
upon the said FDR till the appeal is finally decided by this Court.
[H.K.
RATHOD, J.]
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