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CA/2392/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 2392 of 2006
In
FIRST
APPEAL No. 424 of 2006
=========================================================
UNITED
INDIA INSURANCE COMPANYLIMITED, RAJKOT. - Petitioner(s)
Versus
JAYABEN
VALJIBHAI SAVALIYA - Respondent(s)
=========================================================
Appearance
:
(MR
PV NANAVATI) for
Petitioner(s) : 1,MR VIBHUTI NANAVATI for Petitioner(s) : 1,
None
for Respondent(s) : 1,
RULE SERVED for Respondent(s) : 1.2.1,
1.2.2, 1.2.3, 1.2.4,1.2.5
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 31/07/2008
ORAL
ORDER
The
First appeal no. 424/2006 is admitted by this Court.
In
this application, ad interim relief granted in favour of appellant
Company on condition to deposit the amount before claims Tribunal as
awarded by the Tribunal together with cost and interest.
The
Tribunal has awarded Rs. 5,87,840/- in favour of respondent claimant
with 9% interest. In favour of father of deceased Mohanbhai
Jadavbhai Savalia, Tribunal has not awarded any amount of
compensation, but considering the age of mother Nathiben Mohanbhai
Savalia, Rs. 1,00,000/- is directed to be paid to her by A/c payee
cheque and remaining amount is to be directed to be equally paid to
claimants.
Learned
advocate Mr. Thomas for learned advocate Mr. Nanavati submitted that
amount of compensation as awarded by claims Tribunal together with
cost and interest is deposited by Insurance Company before Claims
Tribunal.
Therefore,
claims Tribunal is directed to pay Rs. 50,000/- to Nathiben
Mohanbhai Savalia by A/c payee cheque in her name and Rs. 1,50,000/-
is directed to be paid to Jayaben Valjibhai Savalia widow of
Valjibhai Mohanbhai Savalia, by A/c payee cheque and rest of amount
is directed to be invested in any Nationalize Bank for a period of
five years with periodical renewal. The FDR is in the name of
respondent claimants to be remained with Nazir department of
Tribunal. The respondent claimants are entitled periodical interest
upon said FDR till appeal is finally decided by this Court.
In
case of difficulty, it is open for claimants to file necessary
application for further disbursement of amount.
Accordingly,
Rule is made absolute in civil application.
(H.K.RATHOD,
J)
asma
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