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CA/14196/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 14196 of 2010
In
FIRST
APPEAL No. 3736 of 2010
=========================================================
NEW
INDIA ASSURANCE CO LTD - Petitioner(s)
Versus
MUKESHBHAI
BHIMSINGBHAI RAJPUT & 4 - Respondent(s)
=========================================================
Appearance :
MS
LILU K BHAYA for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1 - 3,
5,
NOTICE UNSERVED for Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/02/2011
ORAL
ORDER
1. Ms.
Jayshree Hingorani, learned advocate for Ms. Bhaya, learned advocate
for the applicant seeks permission to delete respondent no.4 driver
of the offending vehicle so far as present application is concerned.
Permission is accordingly granted. Respondent no.4 is permitted to be
deleted. Though served, nobody appears on behalf of respondent
-original claimant and the owner of the offending vehicle in
question.
2. Present
application has been preferred by the applicant herein-original
opponent no.3.- The New India Assurance Co. Ltd for interim relief to
stay further implementation, execution and operation of the judgment
and award dated 7.5.2010 passed by the learned Motor Accident Claims
Tribunal (Auxi), Surat passed in MACP No.465 of 2004.
3. Appeal
against the impugned judgment and award passed by the Tribunal is
already admitted by this Court. On Civil Application for interim
relief this Court passed the following order on 13.12.2010:
“Rule
returnable on 25.1.2011.
Ad-interim
relief in terms of para 5(A) on condition that the amount awarded by
the Tribunal concerned shall be deposited by the appellant- Insurance
Company with the Tribunal before the returnable date. On such deposit
being made, the Tribunal concerned shall invest the same in Fixed
Deposit with a Nationalized Bank on long term basis. Further orders
regarding investment /disbursal shall be passed on the returnable
date”.
3.1. As
stated above, though served nobody appears on behalf of the original
claimants. Under the circumstances, ad-interim relief granted earlier
is directed to be continued as interim relief till final disposal of
main First Appeal. Tribunal is directed to invest the entire amount
as awarded by the Tribunal along with interest and cost in Fixed
Deposit in any Nationalized Bank for long term basis in the name of
Nazir and continued to renew the same from time to time, as required.
However, claimants shall be entitled to withdraw periodical interest
on the same which shall be paid to the original claimants by Account
Payee Cheque on proper verification. Rule is made absolute to the
aforesaid extent.
(M.R.SHAH,
J.)
kaushik
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