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CA/10199/2008 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 10199 of 2008
In
FIRST
APPEAL No. 1820 of 1995
=========================================================
SIRIBEN
SUGARWALA SINCE DECD. THROUGH & 3 - Petitioner(s)
Versus
NEW
INDIA ASSURANCE CO. LTD & 2 - Respondent(s)
=========================================================
Appearance
:
MR
PREMAL S RACHH for
Petitioner(s) : 1 - 4.
MR HM BHAGAT for Respondent(s) : 1,
None
for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 02/09/2008
ORAL
ORDER
Heard
learned Advocate Mr. Premal S. Rachh for the applicants claimants.
Present
civil application is filed with a prayer to disburse the amount in
favour of the applicants. Copy of this application is served to
learned advocate Mr.HM Bhagat as per the endorsement made on this
civil application. Learned Advocate Mr. Rachh for the applicants
also submitted that the copy of this application has been served to
learned advocate Mr. HM Bhagat but learned advocate Mr.HM Bhagat has
not remained present before this court and, therefore, this court is
considering this application in absence of the learned advocate Mr.
HM Bhagat.
On
9th August, 1995, following order was passed by this
court (Coram : Hon’ble Mr. Justice RA Mehta and Hon’ble Mr. CK
Thakkar,JJ.) in Civil Application NO. 2649 to 2654 of 1995:
?SInterim
stay as the amount is deposited by the appellant insurance company.
The tribunal shall invest 80 per cent of the entire amount deposited
including costs and interest in long term fixed deposits so as to
continue at least till the disposal of the first appeal. The
remaining 20 per cent of the amount to be paid to the concerned
claimants by account payee cheques in their names. Rule made
absolute.??
Accordingly,
20 % amount has been ordered to be paid to the claimants and 80 per
cent has been ordered to be invested till the disposal of the first
appeal and accordingly rule has been made absolute in each civil
application.
In
view of this back ground, wife of the deceased has also expired
during the pendency of appeal on 18.11.99. Now, these three
applicants namely applicants no.2,3 and 4 are here who are married
daughters of the deceased praying for disbursement of some amount in
their favour as they are the only legal heirs and representatives of
the deceased and there is no other legal heirs and representatives
of the deceased except them in the family.
Considering
the facts that the accident occurred on 19th June, 1983
and award was made by the claims tribunal on 7th April,
1995 and deceased was aged 46 years at the time of accident and the
claims tribunal awarded Rs.5,40,000.00 out of which only 20% has
been received by the claimants, it is directed to the claims
tribunal at Jamnagar to pay 10% amount to each applicant No.2,3 and
4 namely Sherebanu H. Sugarwala,Nishrin H. Sugarwala and Munira H.
Sugarwala by account payee cheque in their name and favour, meaning
thereby, each applicant no.2,3 and 4 are entitled to get 10% amount
each which is to be disbursed by the claims tribunal Jamnagar by
account payee cheque in their favour and rest of the amount is to be
invested in any nationalized bank for a period of three years with
periodical renewal in the name of the respondents claimants but FDRs
to remain in the custody of the Nazir of the claims tribunal
concerned and the respondents claimants are entitled to have
proportionate periodical interest on such FDRs of the remaining
amount to be invested.
In
view of these observations and directions, this civil application is
disposed of with no order as to costs. It is necessary to be noted
that this court has waited enough for learned advocate Mr.HM Bhagat
for two occasions in first and second session but learned advocate
Mr. Bhagar has not appeared before this court and no mention was
made on his behalf before this court and, therefore, considering
hard reality, this court has passed aforesaid order in absence of
learned advocate Mr. HM Bhagat. Accordingly, this civil application
is disposed of.
At
this stage, it is submitted by the learned advocate Mr. Rachh that
20% amount which was ordered to be disbursed to the claimants as per
the order referred to above dated 9th August, 1995 has
not been paid to the claimants. If that be so, then, the claims
tribunal at Jamnagar shall have to verify the same and if the amount
has yet not been paid to the claimants, then, to pay the said 20 per
cent amount to the applicants by implementing order of this court
dated 9th August, 1995 amongst applicants equally by
account payee cheque.
With
these observations and directions, this civil application is
disposed of. No order as to costs.
(H.K.
Rathod,J.)
Vyas
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