Oriental Insurance Co Ltd vs Sumiben Bhudiyabhai Mandod
2021 Latest Caselaw 3786 Guj

          C/FA/972/2021                                       ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/FIRST APPEAL NO. 972 of 2021
   With CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
           In R/FIRST APPEAL NO. 972 of 2021
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               ORIENTAL INSURANCE CO LTD
                         Versus
              SUMIBEN BHUDIYABHAI MANDOD
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Appearance:
MR PALAK H THAKKAR(3455) for the Appellant(s) No. 1
 for the Defendant(s) No. 1,2,3,4,5
MR BHAVESH J PATEL(6801) for the Defendant(s) No. 6
MR. RADHESH Y VYAS(7060) for the Defendant(s) No. 7
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                           Date : 04/03/2021

                               ORAL ORDER

ORDER IN FIRST APPEAL

Heard learned Advocate Mr. Palak H. Thakkar on behalf of the appellant and learned Advocate Mr.Radhesh Y. Vyas on behalf of the respondent No.7­ owner of the vehicle.

Admit.

Issue notice of admission returnable on 27th April, 2021.

ORDER IN CIVIL APPLICATION

Heard learned Advocate Mr. Palak H. Thakkar on behalf of the appellant and learned Advocate Mr. Radhesh Y. Vyas on behalf of the respondent No.7­ owner of the vehicle.

C/FA/972/2021 ORDER

By way of this application, the applicant prays for stay of implementation, execution and operation of impugned judgment and award passed by the learned Motor Accident Claims Tribunal (Aux.) Dahod in Motor Accident Claims Petition No.314 of 2006 dated 30th January, 2019.

Considering the submissions made by learned advocate Mr. Thakkar, the impugned judgment and award is stayed on condition that the appellant shall deposit the entire amount awarded by the learned tribunal alongwith interest and costs with the concerned tribunal by the next returnable date.

Issue notice returnable on 24th April, 2021.

(NIKHIL S. KARIEL,J)

Pallavi