Both these appeals are fixed today for final disposal. The appeals are still not admitted.
First Appeal No. 4599 of 2007 First Appeal No. 4599 of 2007 is filed by the original claimant and enhancement of the award is prayed for in this appeal.
First Appeal No. 637 of 2008 First Appeal No. 637 of 2008 is filed by the Insurance Company namely National Insurance Company Ltd challenging the finding of exonerating another Insurance Company namely United India Insurance Company Ltd on the ground of negligence and quantum. Both these appeals are required to be admitted and they are accordingly admitted. The appellants are directed to file paper books as early as possible so that the appeals can be disposed of on priority basis.
Civil Application No. 1822 of 2008
1. Rule.
Mr. Arpit Kapadia learned advocate appearing for respondent No. 2 waives service of rule, and since respondent No. 2 is the real contesting party no notice of rule is required to be issued on the other respondents. At the joint request of the parties this application is taken up for hearing today itself.
2. The applicant namely National Insurance Company Ltd has filed this application praying stay against the implementation and execution of the award dated 7th November 2006 passed by the Motor Accident Claims Tribunal (auxi), 5th Fast Track Court, Panchmahal at Godhra in M.A.C.P No. 1205 of 2001.
3. The applicant Insurance Company had filed application for condonation of delay being Civil Application No. 122 of 2007. The said application was disposed of by this Court on 5th December 2007. Before its disposal, the Court has passed the order on 24th September 2007 whereby rule was issued and the applicant Insurance Company was directed to deposit the entire amount of compensation due and payable under the award. The Court has also directed the Tribunal to permit withdrawal of 10% of the amount deposited and to invest 90% of the amount with the Nationalised Bank for a period of 13 months awaiting further orders that may be passed by the Court. Mr. Sunil Parikh learned advocate appearing for the applicant Company has submitted that as per the order of this Court the entire amount was deposited and Mr. Kapadia learned advocate appearing for respondent No. 1 has confirmed that the 10% amount has already been withdrawn by respondent No. 2.
4. Since the amount is already deposited by the applicant Insurance company, the interim relief as prayed for staying against implementation and execution of the award is required to be granted. The Court has already passed an order with regard to the investment of 90% of the amount for 13 months. The period of 13 months shall expire on 24th October 2008. On maturity of the deposit, the Claims Tribunal is hereby directed to disburse the further amount of 30% in favour of respondent No.1/ original claimant and reinvest the balance amount for the further period of three years and by that time if appeals are not disposed of the same shall be got renewed for a further period of three years.
5. With this direction this Civil Application is accordingly disposed of. Rule is made absolute.
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