NEUTRAL CITATION
C/FA/2981/2023 ORDER DATED: 22/09/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2981 of 2023
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RIYAZ IBRAHIM SUMRA
Versus
MAHENDRABHAI IBRAHIM SUMRA
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Appearance:
MR. HEMAL SHAH(6960) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 22/09/2023
ORAL ORDER
1. This appeal, under Section 173 of the Motor Vehicles Act, 1988 (MV Act), is filed by the appellant - original claimant challenging the judgment and award dated 29.11.2021 passed by the learned Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in Motor Accident Claim Petition No. 285 of 2014.
2. Today, when the matter was called out, learned advocate for the appellant produced a Settlement Pursis, which is signed by the Page 1 of 3 Downloaded on : Fri Sep 22 20:50:36 IST 2023 NEUTRAL CITATION C/FA/2981/2023 ORDER DATED: 22/09/2023 undefined authorized signatory of respondent No. 2 - ICICI Lombard General Insurance Company Ltd. The Settlement is for an amount of Rs.2 lakh, which includes interest and costs. The offer for settlement was from the appellant - original claimant through the learned advocate and the insurance company has accepted the offer of Rs.2 lakh, accepting the condition that they would arrange for the deposit of the said amount within a period of three months from the date of receipt of copy of this order.
3. The learned advocate for the appellant submitted that the claimant - injured is now aged about 21 years and for his higher education and other needs, is in need of money and therefore, as per one of the conditions of Settlement, has prayed for the total amount to be paid to the claimant.
4. The aforesaid Settlement is accepted and is taken on record. Accordingly, the impugned judgment and award of the Tribunal, as aforesaid, is hereby modified in terms of the Settlement and the respondent No. 2 - insurance company is directed to deposit Rs.2 Page 2 of 3 Downloaded on : Fri Sep 22 20:50:36 IST 2023 NEUTRAL CITATION C/FA/2981/2023 ORDER DATED: 22/09/2023 undefined lakh towards total compensation, which includes interest and costs, before the Tribunal concerned, within a period of three months from the date of receipt of copy of this order. 4.1 On such amount being deposited, the Tribunal concerned shall disburse the same in favour of the appellant - claimant by way of an Account Payee Cheque, on proper verification and following due procedure.
5. With aforesaid, the first appeal is disposed of.
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