New India Assurance Company Ltd vs Harjivanbhai Hirabhai Patel
2021 Latest Caselaw 5937 Guj

     C/FA/1500/2021                             ORDER DATED: 14/06/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 1500 of 2021
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                   In R/FIRST APPEAL NO. 1500 of 2021
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                 NEW INDIA ASSURANCE COMPANY LTD
                                Versus
                HARJIVANBHAI HIRABHAI PATEL & 2 other(s)
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2,3
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 CORAM: HONOURABLE MR. JUSTICE J.B.PARDIWALA
        and
        HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                            Date : 14/06/2021

                             ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

ORDER IN FIRST APPEAL

We have heard Mr. Vibhuti Nanavati, the learned counsel appearing for the appellant.

Admit.

ORDER IN CIVIL APPLICATION

Let notice be issued to the opponents-original claimants, returnable on 19.07.2021.

We take notice of the fact that the claimants claimed

C/FA/1500/2021 ORDER DATED: 14/06/2021

the total compensation of Rs.11,00,000/-. The Tribunal has awarded Rs.10,81,657/- with interest and costs. The applicant-Insurance Company is challenging the award to the tune of Rs.7,45,745/-. Thus, the amount of Rs.3,35,912/- can be straightway ordered to be disbursed in favour of the original claimants with interest and cost. The amount of Rs.7,45,745/- with interest and cost shall be deposited by the applicant before the Tribunal within a period of four weeks. Subject to the condition of the deposit of the said amount, the judgment and award shall remain stayed from its operation.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J)

Vahid