The National Insurance Company ... vs Bachubhai Ganeshbhai Patel ...
2021 Latest Caselaw 1556 Guj

          C/FA/305/2021                                     ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 305 of 2021

                             With
         CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
               In R/FIRST APPEAL NO. 305 of 2021
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            THE NATIONAL INSURANCE COMPANY LIMITED
                             Versus
              BACHUBHAI GANESHBHAI PATEL DELETED
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3,4
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 02/02/2021

                            ORAL ORDER

ORDER IN FIRST APPEAL:-

Heard learned advocate Mr.Maulik Shelat for the appellant. He has stated that the claimants fall in Class -II category of the legal heirs of the deceased residing separately and therefore, they are not entitled to receive any dependency loss. He has further stated that compensation under head of loss future income to the claimant is also contrary to the law laid down by the Hon'ble Court in judgment dated 22.01.2016 in First Appeal No.2188 of 2002 and in the case of Sarla Varma and others V/s. Delhi Transport Corporation and others reported in 2009 (6) SCC 121.

Admit.

C/FA/305/2021 ORDER

ORDER IN CIVIL APPLICATION:-

Rule returnable on 16.03.2021.

The operation, implementation and execution of the impugned judgment and award passed by the Motor Accident Claims Tribunal (Aux.) , 9th Additional District Court, Ahmedabad (Rural) dated 03.12.2019 in M.A.C.P. No.472 of 1994 is stayed on condition that applicant Insurance Company shall deposit the amount of liability of the applicant as determined by the Tribunal before the next returnable date.

(VAIBHAVI D. NANAVATI,J) VARSHA DESAI