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2020 Supreme(Guj) 137

N.V.ANJARIA
Shriram General Insurance Co. Ltd. – Appellant
Versus
Dhimant Mohanlal Somaiya (Father of Deceased) – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Rathin P. Raval.
For the Respondent: Mr. Hemal Shah.

ORDER :

1. The present appeal by the appellant-insurance company under Section 173 of the Motor Vehicles Act, 1988 is directed against judgment and award dated 02nd May, 2018 passed by Motor Accident Claims Tribunal (Aux.5) at Anjar-Kutch in Motor Accident Claims Petition No. 1675 of 2015 (Old No. 11 of 2013).

2. The operative order passed by the claims tribunal reads as under:

    “(1) The Claim petition is hereby partly allowed.

(2) The opponents, either jointly or severally, are hereby directed and ordered to pay the compensation of Rs. 12,88,400/- to the applicants with the proportionate cost and with the interest at the rate of 7.5% per annum from the date of accident till realization.

(3) The opponents, either jointly or severally, are hereby directed and ordered to deposit the awarded amount within 30 days from the date of this order.

(4) On deposition of the amount in the registry it is hereby directed to deduct the deficit court fees, if found anything due with the claimants.

(5) On deposition of amount, 50% amount shall be paid to the claimants by way of account payee cheque and remaining 50% amount shall be kept as Fixed Deposit Receipt in any Nationalized/Scheduled Bank of their c

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