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FA/1769/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1769 of 2008
with
CIVIL
APPLICATION NO. 4370 OF 2008
=========================================================
ORIENTAL
INSURANCE COMPANY LTD - Appellant(s)
Versus
RENUKABEN
RATILAL PATHAK & 4 - Defendant(s)
=========================================================
Appearance
:
MR
GC MAZMUDAR for
Appellant(s) : 1,MR HG MAZMUDAR for Appellant(s) : 1,
None for
Defendant(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 03/07/2008
ORAL
ORDER
The
appellant/ original applicant insurance company has filed this appeal
and Civil Application against the judgment and order passed by the
Motor Accident Claims Tribunal (Aux), Fast Track Court, Vadodara, on
19th July 2007 in MACP No. 312 of 1998 awarding
compensation of Rs 15,000/- since, the claim involved in this appeal
is only of Rs 15,000/- and looking to the smallness of the amount
the Court is not inclined to entertain this appeal. It is however,
made clear that the Court has not gone into merits of the matter and
dismissal of this appeal will not come in the way of the Insurance
Company to challenge the award passed by the Claims Tribunal in
other claim petitions arising out of the same accident. This appeal
is accordingly dismissed only on the ground of smallness of the
amount.
Civil
Application No. 4370 of 2008.
Since,
the appeal is dismissed there is no question of granting any stay
against the impugned order. The Civil Application is accordingly
rejected. The applicant Insurance Company shall deposit the
amount due and payable under the impugned award with the Claims
Tribunal within four weeks from today. The amount deposited with this
Court at the time of filing this appeal shall be transmitted to the
claims Tribunal forthwith. The Claims Tribunal shall disburse and /
or invest the amount awarded under the impugned award in accordance
with the award passed by the Claims Tribunal.
(K.A
Puj,J)
mary//
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