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National vs Vithalbhai

High Court Of Gujarat|12 April, 2012

JUDGMENT / ORDER

BELOW SPEAKING TO MINUTES NOTE
1. Perused the Speaking to Minutes Note. Paras 5 & 6 of the judgement dated 28.03.2012 passed in First Appeal No. 182 of 2005 shall read as under:
"5.
The Tribunal ........... Accordingly, the total amount of compensation comes to Rs. 1,77,000. Against this, the Tribunal has awarded Rs. 2,28,000/- which is excessive. Therefore, excess amount of Rs. 51,000/- along with proportionate costs and interest at 9% per annum is required to be refunded to the appellant insurance company.
6. Accordingly, appeal is partly allowed. The claimants shall be entitled to only Rs. 1,77,000/- by way of total compensation. The balance amount along with proportionate costs and interest @ 9% per annum shall be refunded to the insurance company. The award of the Tribunal is modified accordingly. "
2. The judgement dated 28.03.2012 is modified accordingly. The rest of the order shall remain the same. Speaking to minutes note is allowed accordingly.
(K.S.
JHAVERI, J.) Divya// Top
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Title

National vs Vithalbhai

Court

High Court Of Gujarat

JudgmentDate
12 April, 2012