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CA/10137/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 10137 of 2008
In
FIRST
APPEAL No. 4897 of 2007
=========================================================
RAMZAN
@ RAMZU IBRAHIM KUMBHAR - Petitioner(s)
Versus
BABUBHAI
RAJABHAI AGADHKUMBAR & 2 - Respondent(s)
=========================================================
Appearance
:
MR.HIREN
M MODI for
Petitioner(s) : 1,
None for Respondent(s) : 1, 3,
MR AJAY R
MEHTA for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 06/10/2008
ORAL
ORDER
Heard learned advocate Mr.Hiren on behalf of applicant-original
claimant. Learned advocate Mr.S.B.Parikh, appearing for learned
advocate Mr.Ajay R. Mehta on behalf of appellant.
In present application, the applicant made prayer to allow the
original claimant to withdraw the amount of Rs.1,00,000/- from the
custody of Nazir and rest of the amount to be invested in Fixed
Deposit. The reason which has been given by applicant in Para ? 4
that because of the accident, he sustained the injury on his right
leg having multiple operation. The rhords and plates has been
inserted and his leg has been shortened by 1 and 1.5 inches. The
applicant received 80% disablements. Now, as per the advice of the
doctor, one more operation is required to be performed as per
Certificate dated 24.09.2008 issued by Dr.H.M.Hadiya, Orthopaedic
Surgeon, Bhuj – Kutch and the copy of this certificate is supplied to
learned advocate Mr.S.B.Parikh. No doubt, he is objecting as it
requires some cogent evidence for operation from the applicant. The
applicant-insurance Company has deposited total amount of
Rs.8,96,461.00 before the Claims Tribunal, out of that Rs.96,000/-
has been withdrawn by the applicant for purpose of operation. As per
certificate of Dr.Adhiya, he requires Rs.1,25,000/- to Rs.1,50,000/-
Learned Advocate Mr.Parikh submitted that at present, only
Rs.8,00,000/- is remained, from which, applicant is receiving
interest as per the order passed by this Court. However, considering
certificate and averments made in Para ? 4 supporting with
affidavit, it is directed to Tribunal to pay Rs.1,00,000/- to
applicant by account payee Cheque in his name Ramzan @ Ramju Ibrahim
Kumbhar and rest of amount is to be invested in Nationalized Bank for
a period of three years with periodical renewal on the same terms and
condition and the applicant is entitled the periodical interest upon
the said Fixed Deposit till the appeal is finally decided by this
Court. The applicant is ordered to place on record the relevant
papers after performing the operation as certified by Dr.Adhiya and a
copy is to be supplied to the learned advocate Mr.S.B. Parikh. The
relevant papers after performing operation, the applicant shall have
to furnish before this Court and supply the copy of the same to
learned advocate Mr.A.R.Mehta, within a period of four weeks from
today.
In
view of the above observation and direction, present application is
disposed of.
[H.K.RATHOD,J.]
bddave*
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