National Insurance Co. vs Legal Heirs Of Decd. Bhaveshbhai ...
2021 Latest Caselaw 2089 Guj

         C/FA/2842/2018                                     ORDER




      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
             R/FIRST APPEAL NO. 2842 of 2018

                            With
         CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
              In R/FIRST APPEAL NO. 2842 of 2018
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                   NATIONAL INSURANCE CO.
                            Versus
   LEGAL HEIRS OF DECD. BHAVESHBHAI MAGANBHAI MIYATRA & 2
                           other(s)
==========================================================
Appearance:
MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
MR V B MALIK(5071) for the Defendant(s) No. 3
NISHIT A BHALODI(9597) for the Defendant(s) No. 1.1,1.2,1.3
NOTICE NOT RECD BACK(3) for the Defendant(s) No. 1
NOTICE UNSERVED(8) for the Defendant(s) No. 2
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 11/02/2021

                            ORAL ORDER

ORDER IN FIRST APPEAL:-

Heard learned advocate Ms. Masumi Nanavati for learned advocate Mr.Dakshesh Mehta for the appellant.

Admit.

Learned advocate Mr.Nishit Bhalodi waives service of notice of admission for and on behalf of the respondents no.1.1., 1.2 and 1.3 and learned advocate Mr.V.B.Malik waives service of notice of admission for and on behalf of the respondents no.3.

ORDER IN CIVIL APPLICATION:-

RULE returnable on 09.04.2021.

C/FA/2842/2018 ORDER

The operation, implementation and execution of the impugned judgment and award passed by the Motor Accident Claims Tribunal (Main), Morbi dated 15.03.2018 in M.A.C.P. No.19 of 2011 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.

It is open for the claimants to file appropriate application for disbursement of the amount.

(VAIBHAVI D. NANAVATI,J) VARSHA DESAI