Leave to join National Insurance Company Limited, Regional office, 4th Floor, Navjivan Trust Building, Ashram Road, Ahmedabad as respondent No.5 is granted.
The applicants ? original claimant Nos.1 & 2 have filed the first appeal challenging the award passed by the Motor Accident Claims Tribunal (Main), Gandhinagar on 29.06.2007 only with regard to the apportionment of the amount of compensation awarded under that award. In the Civil Application, the applicants have prayed for stay against operation and implementation of the award qua opponent No.4 only.
The appeal was admitted and ad-interim relief was granted in terms of paragraph 2 (b) of the Civil Application. Rule was duly served on the respondents including the respondent No.3 i.e. Insurance Company. Despite service of rule, nobody appears on behalf of the Insurance Company.
It appears that there is some inter-se dispute between the claimants. However, this dispute would not permit the Insurance Company to ignore the award passed by the Claims Tribunal. Ms. Sneha Joshi, learned advocate appearing for the applicants has submitted that the Insurance Company has still not deposited any amount due and payable under the impugned award. The Insurance Company is neither depositing the amount nor appearing before this Court. This attitude on the part of the Insurance Company is unpardonable. The Court takes very serious view of the matter and directs the Insurance Company to deposit the amount due and payable under the award within two weeks from today, failing which the Court will initiate appropriate action for non-compliance of the award of the Tribunal as well as non-compliance of this order.
S.O.
to 21.07.2008. Direct service to respondent Nos.3 & 5 is permitted. Sd/-
[K. A.
PUJ, J.] Savariya Top