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2007 Supreme(Guj) 146

AKIL KURESHI, M.S.SHAH
UNITED INDIA INSURANCE CO. – Appellant
Versus
BHART1 KANAIYALAL CHAUHAN – Respondent


Advocates Appeared: RAJNI H.MEHTA, Shaili A.Kapadia

M. S. SHAH, J.

( 1 ) THIS appeal under Sec. 173 of the Motor Vehicles Act, 1988 challenges the judgment and award dated 19-5-2006 passed by Ms. R. M. Vyas, Motor Accident Claims Tribunal (Aux.) and Fast-track Court No. 11 in Baroda in M. A. C. Petition No. 350 of 1996 awarding compensation of rs. 25. 21,000/- with proportionate costs and interest at the rate of 7. 5% per annum from the date of claim petition filed in 1996 and the date of deposit.

( 2 ) ORDERS on Stay Application and Reasons for Early Final Hearing

1. The appeal was admitted on 24-1-2007 after condoning delay of 111 days. At that time, we had heard Mr. R. H. Mehta, learned Advocate for the appellant-Insurance Company and Mr. Arpit Kapadia with Ms. Shaili Kapadia, learned Advocate for the original claimants and in view of the strong prima facie case made out for the appellant-Insurance Company, we granted ad-interim stay of execution of the award, subject to the condition that the Insurance company shall deposit only 50% of the award amount with proportionate costs and interest. We further directed that 90% of such amount to be deposited by the Insurance Company shall be invested in fixed deposits with a nationalized








































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