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2022 Supreme(Guj) 1338

GITA GOPI
Janbai Ibrahimsha Shekh (Wd/o Decd Ibrahimsha Osmansha Shekh) – Appellant
Versus
Karimsha Kasamsha Shekh Saiyad – Respondent


Advocates:
Advocate Appeared:
NISHIT A BHALODI

ORDER :

1. Mr. Nishiat A.Bhalodi, learned advocate for the petitioners submits that MACP No.1548 of 2015 was filed under Section 163A of the M.V. Act on the death of the husband of claimant no.1 and father of rest of the claimants.

2. Mr. Bhalodi submitted that the matter was actually filed in the year 2010 and was numbered as MACP No.176 of 2010, but since transferred to Anjar, it was renumbered as MACP No.1548 of 2015 and the judgment and award rendered on 30.11.2018, whereby the compensation of Rs.5,42,500/- with interest at the rate of 7% per annum came to be awarded.

2.1 Mr. Bhalodi submits that the Insurance Company thereafter challenged the said order by filing First Appeal No.4947 of 2019, and by an order dated 14.10.2019, the amount was recomputed and Rs.3,82,834/- was granted, and the direction of the Tribunal was modified to the extent that, instead of granting 50% amount the apportionment was granted as 30% cash and rest of the 70% to be invested in the FDR, as indicated by the tribunal with the condition that there would be no premature withdrawal or encumbrances without the express permission from this Court.

2.2 Mr. Bhalodi submits that the application was moved before t

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