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CA/14556/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 14556 of 2007
In
FIRST
APPEAL No. 5235 of 2007
=========================================================
UNITED
INDIA INSURANCE COMPANYLTD - Petitioner(s)
Versus
DAHYABHAI
FATESING THAKORE & 1 - Respondent(s)
=========================================================
Appearance
:
MR
RAJNI H MEHTA for
Petitioner(s) : 1,
RULE
SERVED for
Respondent(s) : 1
- 2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/07/2008
ORAL
ORDER
1. Heard
learned advocate Mr.Parikh for the applicant – appellant –
Insurance Co.
2. In
First Appeal, the award passed by MAC Tribunal at Nadiad in MACP
No.3415 of 2002 dated 31.7.2006 is challenged by the applicant –
appellant ? Insurance Co. The Tribunal has awarded the compensation
of Rs.35,150/- in favour of claimants.
3. In
civil application, Rule is issued, making it returnable on 21.7.2008
and granted ad-interim relief in terms of Para.6(i) on condition of
deposit the amount with the claims Tribunal.
4. Learned
advocate Mr.Parikh submitted that amount as directed by this court
has been deposited with the claims Tribunal.
5. Therefore, it
is directed to the Tribunal to pay 30% amount from the deposited
amount by the Insurance Co. to respondent No.1 – Dahyabhai Fatesinh
Thakore by account payee cheque. Rest of 70% amount together with
interest shall be invested in FDRs in the name of claimant with
cumulative interest initially for a period of five years with
periodical renewal and said FDRs shall remain with the Nazar of the
claims Tribunal and claimants are not entitled any amount of
interest upon said FDRs till the appeal is finally decided by this
Court.
6. Accordingly,
Rule is made absolute. No costs.
(H.K.RATHOD,J.)
(vipul)
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