Oriental Insurance Company Limited vs Rajuben Jagatsinh Gohil & 4 on 19 February, 2015

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Gujarat High Court

Oriental Insurance Company Limited vs Rajuben Jagatsinh Gohil & 4 on 19 February, 2015

Bench: Mohinder Pal

          C/FA/3384/2014                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       FIRST APPEAL NO. 3384 of 2014
                                     TO
                       FIRST APPEAL NO. 3385 of 2014
                                   With
                   CIVIL APPLICATION NO. 11274 of 2014
                     In FIRST APPEAL NO. 3384 of 2014
                                     TO
                   CIVIL APPLICATION NO. 11275 of 2014
                     In FIRST APPEAL NO. 3385 of 2014
================================================================
        ORIENTAL INSURANCE COMPANY LIMITED....Appellant(s)
                            Versus
           RAJUBEN JAGATSINH GOHIL & 4....Defendant(s)
================================================================
Appearance:
MR ANAL S SHAH, ADVOCATE for the Appellant(s) No. 1
MR VAIBHAV A VYAS, ADVOCATE for the Defendant(s) No. 4 - 5
MR.HIREN M MODI, ADVOCATE for the Defendant(s) No. 1 - 3
================================================================

        CORAM: HONOURABLE MR.JUSTICE MOHINDER PAL

                              Date : 19/02/2015


                               ORAL ORDER

1. Present appeals have been preferred by the Insurance Company against the award passed by the Tribunal. As per learned counsel, a criminal case has been registered against scooter driver. However, truck driver and the Insurance Company have been fastened with liability of 80% negligence. According to him, it was a case of negligence on the part of scooter driver as the scooter was over-taking a bus at the relevant time and three persons were sitting on the scooter which was in violation of the Registration Certificate.

There are arguable points in these appeals.

Page 1 of 2 C/FA/3384/2014 ORDER

ADMITTED.

2. Along with the appeals, there are applications seeking stay of execution of the award. Execution of the award shall remain stayed, subject to deposit of the award amount. RULE. Learned counsels waive service on behalf of the respondents.

3. Out of the amount so deposited, 20% shall be disbursed to the claimants, while the remaining 80% shall be invested in a long term fixed deposit in a nationalized bank in the name of the claimants, initially for a period of two years and to be renewed thereafter from time to time. Original receipt of the fixed deposit shall remain in the custody of Nazir of the Tribunal.

4. Both the applications stand disposed of. Rule is made absolute.

(MOHINDER PAL, J.) KMGThilake) Page 2 of 2

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