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CA/14775/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 14775 of 2007
In
FIRST
APPEAL No. 5259 of 2007
=========================================================
UNITED
INDIA INSURANCE CO. LTD. - Petitioner(s)
Versus
GANGABEN
WD/O. ARVINDBHAI KALUBHAI VASAVA & 10 - Respondent(s)
=========================================================
Appearance
:
MS
AVANI S MEHTA for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 -
6.
UNSERVED-EXPIRED (R) for Respondent(s) : 7,
None for
Respondent(s) : 8 -
11.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 11/07/2008
ORAL
ORDER
Learned
advocate Mr. Barot for Ms. AS Mehta requests to permit the appellant
to delete respondent no. 7 Sidikbhai Pathan, who is expired.
Accordingly, permission is granted to delete respondent no. 7 from
cause title of First Appeal and civil application. Accordingly,
cause title is to be amended accordingly.
First
appeal no. 5259/07 is admitted by this Court on 9/5/2008. In civil
application 14775/2007, this Court has issued Rule returnable on
11/7/2008. Ad interim relief in terms of para 5(b) is granted on
condition of depositing entire amount due under the impugned award
with Tribunal. The amount deposited with this court shall be
transmitted to Tribunal.
The
respondents no. 1 to 6 are claimants residing at Nava Rajuvadiya,
Taluka Rajpipla, District Bharuch. The accident occurred on
3/2/1994 and Tribunal has passed an award on 28/4/2005. The appeal
is admitted by this Court after period of three years. The
respondent claimants though served, not appeared before this Court
and no advocate is engaged by them and respondent no. 7 is expired.
The
Tribunal while passing award directed that from total amount, which
will be deposited by Insurance Company, 50% is to be paid to
applicant no. 1 and rest of applicants no. 2 to 6 are only entitled
for 10% amount and rest of amount is to be deposited that order will
be passed by Tribunal when payment will be made to concern
claimants.
Learned
advocate Mr. Barot submitted that he is having instruction from
United India Insurance Company Ltd on 9/7/2008, total amount is
deposited by Company which comes to Rs. 6,73,746/-.
Therefore,
it is directed to Tribunal to disburse 30% amount of total amount as
deposited by Insurance Company along with accruing interest to
respondent no. 1 Gangaben widow of Arvindbhai Kalubhai Vasava and
rest of 70% amount is to be invested in Nationalized Bank with
cumulative interest for a period of five years with periodically
renewal till appeal is decided by this Court.
The
respondents claimants are not entitled for any interest upon said
FDR, which are in the name of original claimant and to be kept with
Nazir department of Tribunal till appeal is finally decided by this
Court.
Accordingly,
Rule is made absolute.
(H.K.RATHOD,
J)
asma
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