Bombay High Court
Gokul S/O Akaram Tayade And ... vs Smt. Sarita Wd/O Ajay Dewatale And ... on 3 December, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CIVIL APPLICATON [CAF] NO. 2472 OF 2021
IN
FIRST APPEAL ST. NO. 21079 OF 2019
GOKUL S/O AKARAM TAYADE AND ANOTHER
VERSUS
SMT. SARITA Wd/o AJAY DEWATALE AND OTHERS
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mrs. P. P. Moon, Advocate for the applicants
Mr. S. B. Gandhe, Advocate for non-applicant nos.1 to 5.
CORAM : V. M. DESHPANDE, J.
DATE : DECEMBER 03, 2021.
1. A claim petition bearing M.A.C.P. No. 234/2014 was
filed in the Court of learned Member, Motor Accident
Claims Tribunal, Amravati by present non-applicant nos.1
to 5 being the legal representatives of deceased Ajay
Dewatale, who lost his life in a vehicular accident.Present
applicant Gokul Tayade and Raju Tayade were the
respondents in the said claim petition.
2. The learned Member of the Tribunal vide judgment
and Award dated 02.12.2017 partly allowed the claim
petition and directed the present applicants to pay
Rs.6,37,000/- along with interest @ 7.25% per annum.
3. Being aggrieved by the said judgment and award,
the present applicants who were the driver and owner of
the offending vehicle, filed the appeal. The appeal is on
stamp since there is a delay in preferring the appeal. The
applicants have also filed an application i.e. CAF No.
4423/2019 for condonation of delay.
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4. On the application for condonation of delay, notices
were issued. The stay was also granted in favour of the
applicants. During pendency of the proceedings before
this Court, the applicants who being the driver and owner
of the offending vehicle, have amicably settled the claim
with the original claimants. Therefore, they have moved
this application seeking permission to withdraw the delay
application and the appeal.
5. The applicants/appellants are represented by Smt.
Moon, learned counsel, whereas original claimants are
represented by Mr. S.B. Gandhe, learned counsel.
6. Mr. Gandhe, learned counsel for the original
claimants also admitted that the parties have settled their
dispute amicably and in fact, their settlement was
accepted by the learned Executing Court, who passed the
order on 16.06.2021 in the execution proceedings. As per
the learned counsel for the original claimants, they are
already in receipt of the amount. In view of the aforesaid,
I pass the following order :
ORDER
1. The Civil Application (CAF) No. 2472/2021 is
allowed and permission is given to the applicants in this
application to withdraw the First Appeal, which is on
stamp.
2. Civil Application (CAF) No. 4423/2019 for
condonation of delay is disposed of as not pressed.
3. First Appeal St. No. 21079/2019 is permitted to be
withdrawn.
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4. It is made clear that the mandatory amount of
Rs.25,000/-, which deposited by the appellants in this
Court, is permitted to be withdraw by claimant no.1 Smt.
Sarita Wd/o Ajay Dewatale along with interest accrued
thereon.
5. The civil application is disposed of. No order as to
costs.
JUDGE
Diwale
