Gujarat High Court
National Insurance Company Ltd vs Rakhaben Valjibhai Desai Wdo Decd. ... on 2 December, 2014
Author: Mohinder Pal
Bench: Mohinder Pal
C/FA/3835/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 3835 of 2014
With
CIVIL APPLICATION NO. 13092 of 2014
In
FIRST APPEAL NO. 3835 of 2014
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NATIONAL INSURANCE COMPANY LTD.....Appellant(s)
Versus
RAKHABEN VALJIBHAI DESAI WDO DECD. VALJIBHAI DESAI &
3....Defendant(s)
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Appearance:
MR DAKSHESH MEHTA, ADVOCATE for the Appellant(s) No. 1
MR.HIREN M MODI, ADVOCATE for the Defendant(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE MOHINDER PAL
Date : 02/12/2014
ORAL ORDER
Order in First Appeal This appeal has been preferred by the Insurance Company against the award passed by the Tribunal. There are arguable points in the appeal. Appeal is admitted.
Mr.Hiren Modi, learned advocate waives service of admission on behalf of respondent Nos. 2 and 3.
Order in Civil Application Along with this appeal, there is an application seeking stay of execution of the award. The execution of the award shall remain stayed subject to the petitioner Page 1 of 2 C/FA/3835/2014 ORDER depositing the awarded amount along with interest and proportionate cost. The 20% of this amount be disbursed to the claimants subject to the condition imposed by the Tribunal and remaining 80% of the amount be invested in long term Fixed Deposit Receipt/s, initially for a period of 2 years and to be renewed thereafter from time to time. The receipt/s of the Fixed Deposit will remain with Nazir of the Tribunal and in the meantime, Rule be issued to the respondents returnable on 28th January, 2015.
Mr.Hiren Modi, learned advocate waives service of rule on behalf of respondent Nos. 2 and 3. However, remaining respondents be served.
(MOHINDER PAL, J.) ashish Page 2 of 2