Gujarat High Court
Kiran Hajrabhai Rabari vs Karman Kanji Kerasiya on 30 January, 2025
NEUTRAL CITATION
C/SCA/576/2025 ORDER DATED: 30/01/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 576 of 2025
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KIRAN HAJRABHAI RABARI
Versus
KARMAN KANJI KERASIYA & ANR.
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Appearance:
MR. HEMAL SHAH(6960) for the Petitioner(s) No. 1
MR PALAK H THAKKAR(3455) for the Respondent(s) No. 2
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CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 30/01/2025
ORAL ORDER
1. Rule. Learned advocate Mr.Palak Thakkar submits that he has received instructions to appear on behalf of respondent No.2 and he waives service of rule for respondent No.2.
2. In this petition under Article 227 of the Constitution of India, following prayer is made :
"(a) Be graciously pleased to pass an order directing Tribunal to pay the amount deposited by Ins. Co. by R.T.G.S. to applicant."
3. The brief facts of the case are that on 09.11.2014, an accident took place wherein the claimant sustained serious injuries. The claimant filed M.A.C.P. No.224 of 2023 before the learned Tribunal and the learned Tribunal vide order dated 17.12.2021 partly allowed the said claim petition. The claimant filed MACMA No.224 of 2023 for further disbursement of the amount being invested in FDR. Learned Tribunal rejected the said application vide order dated 04.03.2023. Hence, this petition.
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4. Since the claimant has crossed the age of 18 years and yet he has not been given his amount of compensation on the pretext that while passing the impugned judgment and award, the order to disburse the remaining amount of 60% deposed in the nationalized bank shall be paid after five years or when claimant becomes major, whichever is later. On perusal of the impugned judgment and award, it appears that the learned Tribunal passed the order that 'payment order is to be issued as per law and proceedings'. This appears to be very strange and surprising order. Learned Tribunal was required to decide the issue whether to grant the amount lying in FDR at premature stage or not. Instead of that, learned Tribunal thrown the application without any specific order. Be that as it may, since claimant has become major and as no appeal is preferred, there is no need to keep amount of compensation in FDR. Let the claimant receive the fruit of the amount he has received towards compensation.
5. For the reasons stated hereinabove, the present petition is allowed in terms of para 8(a) of the petition. Rule is made absolute, accordingly. Direct service is permitted.
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