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2022 Supreme(Guj) 1699

ASHOKKUMAR C. JOSHI
UNITED INDIA INSURANCE COMPANY LIMITED – Appellant
Versus
BHALUBHAI CHIMANBHAI RATHVA – Respondent


Advocates Appeared:
For the Appellant : Mr. R. G. Dwivedi.

JUDGMENT :

1. The appellant – United India Insurance Company Limited (original opponent No. 3) has preferred the present First Appeals, challenging the judgments and awards dated 29.04.2013 passed by the learned Motor Accident Claims Tribunal (Auxiliary) and 4th Additional District Judge, Camp at Chhotaudepur (hereinafter referred to as “the Tribunal”) in M.A.C.P. Nos. 2472, 2473, 2474, and 2476 of 1997 (herein after referred to as “the claim petitions”), respectively, whereby the learned Tribunal has partly allowed the said claim petitions. For ready perusal, the order passed in M.A.C.P. No. 2472 of 1997 is reproduced herein below:

    “I. The above referred claim petition is hereby partly allowed. The claimant is entitled to recover Rs.2,00,000/- (Rupees Four Lac Eighty Fourt Thousand Only) (sic.) with the proportionate cost and with interest at the rate of 9% per annum, from the date of the claim petitions till realization from the opponents, who are liable to pay the same.

II. The opponents are hereby directed to deposit awarded amount within 30 days of the order.

III. Deficit court fees stamp, if any, be recovered from the awarded amount and interim amount if paid be adjusted.

IV

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