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FA/3254/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3254 of 2010
With
CIVIL
APPLICATION No. 12975 of 2010
In
FIRST APPEAL No. 3254 of 2010
=========================================================
ORIENTAL
INSURANCE COMPANY LTD - Appellant(s)
Versus
SAFEEK
ALLARAKHA MAHIDA & 2 - Defendant(s)
=========================================================
Appearance
:
MR
RITURAJ M MEENA for
Appellant(s) : 1,
MR AMAR D MITHANI for Defendant(s) : 1,
DS
AFF.NOT FILED (N) for Defendant(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 14/12/2010
ORAL
ORDER
1.0 Heard.
This is an appeal by the Insurance Company challenging the award
under Section 140 of the Motor Vehicles Act, 1988. Obviously, this
award is in the nature of an interim award which is subject to
adjustment against the award which may be passed in the main claim
petition. Therefore, considering the overall facts and circumstances
of the case, I am of the view that interest of justice would be met
by passing the following order:
2.0 The
entire awarded amount shall be invested in the name of the Nazir of
the Tribunal with a Nationalized Bank initially for a period of three
years and on maturity shall be renewed by one year at a time without
any further orders in this regard till the disposal of the the main
claim petition. The Fixed Deposit Receipt shall be kept with the
Nazir of the Tribunal. The quarterly interest that may be accrued on
the said deposit shall be paid to the original claimants.
3.0 If
ultimately the claimant succeeds in the main claim petition, the said
amount shall be paid to the claimant. In case, the claimant fails in
the main claim petition, the said amount shall be withdrawn by the
Insurance Company. It is directed that the original claimant shall
file an undertaking before the Tribunal to the effect that the main
claim petition shall not be abandoned, shall not be withdrawn and
shall not be permitted to be dismissed for default or for any other
cause, and that the claimant shall pursue the main claim petition on
merits.
4.0 The
appeal stands disposed of accordingly.
5.0 Since
the main appeal has been disposed of, the above Civil Application
would not survive and is accordingly disposed of.
(K.S.JHAVERI,
J.)
niru*
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