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FA/2787/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2787 of 2010
With
CIVIL
APPLICATION No. 11039 of 2010
In
FIRST
APPEAL No. 2787 of 2010
=========================================================
ORIENTAL
INSURANCE CO LTD - Appellant
Versus
JASHODABEN
P BHAGORA W/O KANTILAL R RATHOD & 1 - Defendant
=========================================================
Appearance :
MR
KK NAIR for
Appellant : 1,
None for Defendants : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 22/10/2010
ORAL
ORDER
Heard
Shri Nair, learned advocate for the appellant. Shri Nair, learned
advocate has submitted that the Tribunal has seriously erred in not
appreciating the basic facts which would conclusively go to show that
the claimant was not entitled to receive the compensation awarded in
the impugned award. He pointed out that the Tribunal has at places
mentioned about the Maruti car, the vehicle insured and involved in
the accident, was driven by the opponent No. 1- driver and on page
no.5, the Tribunal has mentioned that the opponent no. 1 is husband
of claimant was driving the vehicle. Moreover, the wife, who happened
to be the employee of State, did not care to produce any documentary
evidence indicating that she had to obtain leave for undergoing the
treatment for which the claim is made. The claimant is aged about 53
years and multiplier of 11 is taken into consideration. These factors
persuaded this Court to admit the matter. Hence appeal is admitted.
Order
in Civil Application :
Heard
learned advocate for the applicant. Rule returnable on 06.12.2010. In
the meantime and till the returnable date, there shall be an
ad-interim relief in terms of para-5(A) on condition of depositing
the entire amount before the concerned Tribunal within 6 weeks from
today. The concerned Tribunal, on receipt of said amount, is directed
to deposit the same initially for a period of three months with the
Nationalized Bank. The further order of disbursement and/or further
deposit will be made after the respondents are served.
(S.R.BRAHMBHATT,
J.)
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