FA/5247/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 5247 of 2007 With CIVIL APPLICATION No. 14686 of 2007 In FIRST APPEAL No. 5247 of 2007 ========================================================= ORIENTAL INSURANCE CO. LTD. - Appellant(s) Versus SOBHNABEN WD/O. ASHOKBHAI LAKHARA & 2 - Defendant(s) ========================================================= Appearance : MR GC MAZMUDAR for Appellant(s):1,MR HG MAZMUDAR for Appellant(s):1, None for Defendant(s) : 1, MR SK BUKHARI for Defendant(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5 RULE NOT RECD BACK for Defendant(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 18/07/2008 ORAL ORDER
Respondents
No.2 and 3 ý Driver and Owner are not served, but, learned advocate
Mr. Bukhari is appearing on behalf of respondent claimant.
Heard
learned advocate Mr. Mazmudar appearing on behalf of appellant.
This
Court has admitted the appeal on 13th December 2007 and on
the same day, in stay application, rule is made returnable on 29th
January 2008 as well as ad-interim relief in terms of Para 8A was
granted on condition to deposit the awarded amount before the Claims
Tribunal.
Learned
advocate Mr. Mazmudar submitted that as per directions issued by this
Court, the amount of Rs.3,49,665/- is deposited by the insurance
company before the Claims Tribunal excluding Rs.25,000/- which is
transmitted from this Court to Claims Tribunal.
Therefore,
claimants now are representing in the appeal, the question of service
to the owner and driver are to be avoided.
Therefore,
it is directed to Tribunal to disburse 40% amount, from the deposited
amount by the Insurance Company, in favour of respondent claimant by
account payee cheque. Rest of 60% amount is to be invested in any
nationalised bank initially for a period of five years with
cumulative interest by periodical renewal till the appeal is finally
decided by this Court.
The
claimants are not entitled any amount of interest from the said FDR.
The FDR is in the name of claimant to be remained with Nazir of the
concerned Tribunal.
Learned
advocate Mr. Mazmudar submitted that Civil Application is filed for
substitute the service to the respondents No.2 and 3, therefore,
registry is directed to circulate Civil Application on 22nd
Junly 2008 along with the present appeal.
Accordingly,
matter is adjourned to 22nd July 2008.
[H.K. RATHOD, J.]
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