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CA/4759/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 4759 of 2010
In
FIRST
APPEAL No. 1184 of 2010
=================================================
UNITED
INDIA INSURANCE CO LTD - Petitioner(s)
Versus
ILABEN
HIMATKUMAR NIMAVAT L.R.OF PRATIK HIMATLAL NIMAVAT & 2 -
Respondent(s)
=================================================
Appearance
:
MR
GC MAZMUDAR for Petitioner(s) : 1,MR HG MAZMUDAR for Petitioner(s) :
1,
None for Respondent(s) : 1 -
3.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 05/08/2010
ORAL
ORDER
Heard learned
advocate Mr.G.C. Mazmudar for the applicant. As the First Appeal is
admitted, RULE returnable on 14th September
2010. The judgement and award dated 30th November 2009
passed by the Honourable Motor Accident Claims Tribunal (Main),
Rajkot (‘the Tribunal’ for brevity) in Motor Accident Claim Petition
No.868 of 2008 is stayed qua the applicant-Insurance Company only on
condition that the applicant/ appellant- Insurance Company shall
deposit the awarded amount before the Tribunal on or before 20th
August 2010. Once the amount is deposited, the Tribunal shall;
(i) invest the
amount in a Cumulative Fixed Deposit Account of any Nationalized Bank
in the name of respondent/ claimants initially for a period of three
years with periodical renewals till the appeal is
finally decided by this Court.
(ii) Though the
amount is deposited in the name of the respondent/ claimants, the
Fixed Deposit Receipt shall remain with the Nazir of the Tribunal
till the appeal is finally decided by this Court.
(iii) The
Tribunal is directed to pay interest accruing on the Fixed Deposit
every quarter to the claimants in equal proportion on proper
verification.
2. It is
clarified that it will be open for the claimants to file execution
application against opponent no.1. In the event the claimants are
able to recover the amount from opponent no.1, the aforesaid
direction of payment of interest will stand cancelled.
(RAVI
R. TRIPATHI, J.)
karim
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