Gujarat High Court
National Insurance Company Limited vs Jashwantsinh Puransinh & on 12 August, 2014
Author: Ravi R.Tripathi
Bench: Ravi R.Tripathi
C/CA/8785/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 8785 of 2014
In FIRST APPEAL NO. 2632 of 2014
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NATIONAL INSURANCE COMPANY LIMITED....Applicant(s)
Versus
JASHWANTSINH PURANSINH & 1....Respondent(s)
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Appearance:
MR VIBHUTI NANAVATI, ADVOCATE for the Applicant(s) No. 1
MR.HIREN M MODI, ADVOCATE for the Respondent(s) No. 2.1 - 2.3
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CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI
Date : 12/08/2014
ORAL ORDER
1. Heard learned advocate Mr.Vibhuti Nanavati. Learned advocate submitted that in view of the fact that the period covered under the Cover Note is not covering the date of accident and there is clear-cut interpolation in the Cover Note, though the company has deposited the amount of compensation awarded by the Workmen Compensation Commissioner, the same should not be allowed to be disbursed to the claimants.
2. As against this, learned advocate Mr.Hiren Modi stated that this document was procured by the police after filing of the FIR and, therefore, the claimant should not be Page 1 of 2 C/CA/8785/2014 ORDER deprived of their legitimate claim of getting compensation.
3. The Court cannot lose sight of the fact that the owner of the vehicle has chosen not to appear before the Workmen Compensation Commissioner and, is therefore, not rendering any explanation about the interpolation which can be seen by the naked eyes. This is a fit case where the Workmen Compensation Commissioner be directed to invest the entire amount without disbursing anything from this amount until the first appeal is final heard.
4. RULE returnable on 29.9.2014. Learned advocate Mr.Hiren Modi waives service of process of rule for respondent nos.2.1 to 2.3.
5. The Workmen Compensation Commissioner is directed to deposit the entire amount initially for a period of three years in a cumulative fixed deposit. The fixed deposit receipt be retained by the Workmen Compensation Commissioner.
(RAVI R.TRIPATHI, J.) Srilatha Page 2 of 2