Gujarat High Court
Oriental Insruance Company Ltd vs Jasiben W/O Malsangji Narsangji ... on 26 October, 2021
Bench: B.N. Karia
C/FA/3081/2017 ORDER DATED: 26/10/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3081 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2017
In R/FIRST APPEAL NO. 3081 of 2017
With
R/FIRST APPEAL NO. 3082 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2017
In R/FIRST APPEAL NO. 3082 of 2017
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ORIENTAL INSRUANCE COMPANY LTD
Versus
JASIBEN W/O MALSANGJI NARSANGJI THAKOR & 8 other(s)
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 8
NOTICE ISSUED BY PUBLICATION(77) for the Defendant(s) No. 9
NOTICE NOT RECD BACK(3) for the Defendant(s) No. 7
NOTICE SERVED(4) for the Defendant(s) No. 1,2,3,4,5,6
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CORAM:HONOURABLE MR. JUSTICE B.N. KARIA
Date : 26/10/2021
ORAL ORDER
COMMON ORDER IN FIRST APPEAL NO. 3081 of 2017 AND
FIRST APPEAL NO. 3082 of 2017
ADMIT.
Learned advocate Mr. Palak H. Thakkar waives service of
notice of admission for and on behalf of respondent No.8 in both the
First Appeals. Learned advocate Mr. Vishal Mehta waives service of
notice of admission for and on behalf of Respondent Nos.1, 2, 3, 4, 5
and 6 in First Appeal No.3082 of 2017.
C/FA/3081/2017 ORDER DATED: 26/10/2021
COMMON ORDER IN CIVIL APPLICATION NO. 2 of 2017
(CIVIL APPLICATION NO. 11473 OF 2017 ) in FIRST APPEAL
NO. 3081 of 2017 AND CIVIL APPLICATION NO. 2 of 2017
(CIVIL APPLICATION No.11474 of 2017) in FIRST APPEAL NO.
3082 of 2017
1. Rule.
2. The applicant shall deposit the amount, awarded by the Motor
Accident Claims Tribunal (Auxi) i.e. learned 9 th (Ad-hoc) Additional
District Court at Deesa vide order dated 22.09.2016 in M.A.C.P. No.
1944 of 2009 (old M.A.C.P. No.315 of 2001) and in M.A.C.P.
No.2202 of 2009 (Old No.314 of 2001), before the Motor Accident
Claims Tribunal concerned within a period of six weeks.
3. The impugned judgment and orders dated 22.09.2016 passed
by the Motor Accident Claims Tribunal (Auxi) i.e. learned 9 th (Ad-
hoc) Additional District Court at Deesa in M.A.C.P. No. 1944 of
2009 (old M.A.C.P. No.315 of 2001) and in M.A.C.P. No.2202 of
2009 (Old No.314 of 2001) shall be stayed till final disposal of the
appeal on a condition to deposit the awarded amount.
4. The claimants would be entitled to claim 30% amount
deposited by the petitioner and remaining amount of 70% shall be
invested with the Nationalized Bank in a cumulative fixed deposit
C/FA/3081/2017 ORDER DATED: 26/10/2021
situated nearest to the residence of the original claimants initially for
the period of three years.
5. The fixed deposit receipt shall be in the custody of the Nazir of
the District Court concerned. In case the appeal is not decided within
a period of three years, the amount deposited in the fixed deposit
scheme shall be renewed for further three years.
(B.N. KARIA, J)
SUYASH
