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CA/7378/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 7378 of 2008
In
FIRST
APPEAL No. 2859 of 2008
=========================================================
NEW
INDIA ASSURANCE CO LTD - Petitioner(s)
Versus
MUKESH
@ MUNNABHAI JASMATBHAI VADALIYA (MINOR) THROUGH & 3 -
Respondent(s)
=========================================================
Appearance
:
MR
HASMUKH THAKKER for
Petitioner(s) : 1,
RULE
SERVED for
Respondent(s) : 1
- 4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 26/08/2008
ORAL
ORDER
1. Heard
learned advocate Mr.H.M.Thakker for the appellant ? Assurance Co.
Though Rule is served, no appearance is filed by respondents and no
advocate is engaged. Therefore, this Court has no other option but to
pass aforesaid order in absence of respondents.
2. On
3.7.2008, this Court has passed following order :
?SRule returnable on
11.8.2008.
Ad-interim relief in
terms of para 6(A) is granted on condition that the applicant ?
Insurance Company shall deposit the amount to the extent of its
liability under the impugned award within four weeks from today.??
3. Accordingly,
the applicant ? Assurance Co. has deposited the aforesaid amount as
directed by this Court with the claims Tribunal.
4. Therefore,
considering the aforesaid facts, the claims Tribunal is directed to
pay 30% amount to respondent No.1 ? Mukesh @ Munnabhai Jasmatbhai
Vadaliya, who is now major by account payee cheque and rest of the
amount be invested in any nationalized bank for a period of three
years with periodical renewal in the name of respondent claimant but,
FDRs shall remain with the Nazar of the claims Tribunal and
respondent claimant is entitled the amount of periodical interest
till the appeal is finally decided by this Court. Rule is made
absolute accordingly.
(H.K.RATHOD,J.)
(vipul)
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