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2015 Supreme(Guj) 2261

N.V.ANJARIA
Mohammed Akil Farooq Ahmed Khardi – Appellant
Versus
United India Insurance Company Limited – Respondent


Advocates Appeared:
For the Petitioner:Ejaz M Qureshi, Advocate, Harnish V. Darji, Advocate
For the Respondent:Maulik J. Shelat, Advocate

ORDER :

N.V. Anjaria, J.

Rule. Learned advocate Mr.Maulik Shelat waives service of notice of Rule on behalf of respondent.

1.1 Upon request and consent of learned advocates appearing for the parties, petition has taken up for final consideration.

2. The petitioner is aggrieved by order dated 04th July, 2015 below Exhibit 4 passed by learned Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar in Civil Miscellaneous Application No. 657 of 2015. By the said application, the petitioner prayed before Claims Tribunal to break the Fixed Deposit ordered to be kept by the Tribunal in the name of the petitioner.

3. The petitioner was original claimant who had filed Motor Accident Claim Petition No. 786 of 2011 for compensation for the injuries suffered by the petitioner in a vehicular accident took place on 22nd August, 2008. The Claim Petition was partly allowed by the Motor Accident Claims Tribunal as per its judgment and order dated 25th March, 2015. The petitioner was held entitled to receive compensation of Rs. 01,94,900/- with interest of 9% from the date of petition till realisation. The Tribunal directed that out of the amount awarded, 70% amount shall be invested in fixed d

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