Daljibhai Alias Dalpatbhai ... vs Jigneshkumar Hasmukhbhai Gajjar ...
2021 Latest Caselaw 18314 Guj

     C/FA/480/2019                                       ORDER DATED: 11/12/2021




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 480 of 2019

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          DALJIBHAI ALIAS DALPATBHAI MOGHABHAI PANDYA
                              Versus
           JIGNESHKUMAR HASMUKHBHAI GAJJAR (SUTHAR)
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Appearance:
MR ANKIT SHAH(6371) for the Appellant(s) No. 1,2
MR. HARSHAD D BAROT(7287) for the Appellant(s) No. 1,2
MR PALAK H THAKKAR(3455) for the Defendant(s) No. 5
MR TANMAY B KARIA(6833) for the Defendant(s) No. 3
RULE SERVED(64) for the Defendant(s) No. 1,2,4,6
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                              Date : 11/12/2021

                      ORAL ORDER

IN LOK ADALAT

1. Mr. Tanmay Karia, learned Advocate appearing for respondent no. 3 and Mr. Harshad Barot, learned Advocate appearing for appellant have tendered the Joint Compromise Purshis and Settlement Purshis respectively which reads as under.

1.The Advocate for the original Claimants - present appellants has offered to settle the subject First Appeal which was preferred by the claimants for challenging the judgment of the Tribunal. The offer was to settle the entire dispute by additional compensation of Rs.3,45,000/- (Rupees Three Lakhs Forty Five Thousand Only) including interest and cost as full and final settlement of their claim.

2.The Respondent No. 3, Original Opponent No. 3

C/FA/480/2019 ORDER DATED: 11/12/2021

i.e., BAJAJ ALLIANZ GENERAL INSURANCE CO LTD. has agreed to accept the said offer. It will arrange for deposit Rs.3,45,000/- (Rupees Three Lakhs Forty Five Thousand Only) which also includes interest and cost with the Motor Accident Claims Tribunal at Sabarkantha at Himmatnagar, within 60 days from the date of receipt of order.

3. In light of this settlement pursis, it is prayed to the Hon'ble Court to take this purshish on record and accordingly in terms of settlement, dispose of the captioned matter.

4.This settlement is purely based upon the exceptional facts and circumstances, this shall not be treated as precedent or it shall not be referred anywhere in any form by either side (i.e. parties/advocates) and it shall not affect any other proceedings/alike proceedings pending before any Tribunal/Authority or any Court including the High court, in any manner.

2. In the Joint Compromise Purshis, the respondent No. 3 i.e. the Bajaj Allianz General Insurance Company Ltd., has agreed to to accept the said offer. It will arrange for deposit Rs.3,45,000/- (Rupees Three Lakhs Forty Five Thousand Only) which also includes interest and cost with the Motor Accident Claims Tribunal at Sabarkantha at Himmatnagar, within 60 days from the date of receipt of order.

3. Both, the Joint Compromise Purshis on behalf of appellants

C/FA/480/2019 ORDER DATED: 11/12/2021

and Bajaj Allianz General Insurance Company Ltd. so also the Settlement Purshis are directed to be taken on record.

4. It has been agreed by the respective insurance companies that the agreed amount shall be deposited with the Tribunal within a period of three months. Once the amount is deposited, the appellants, i.e. the original claimants will be entitled to withdraw the amount. The amount shall be paid to the appellants-original claimants by Account Payee Cheque, after due verification.

5. It is needless to clarify that the settlement is purely based upon the exceptional facts and circumstances and the same shall not be treated as precedent or it shall not be referred/used anywhere in any form or any manner by either side and it shall not affect any other proceedings or alike proceedings pending before any Tribunal/Authority or any Court including the High Court in any manner.

6. Necessary Court fees, if any, be reimbursed as per sub- section (1) of Section 21 of the Legal Services Authorities Act, 1987 in favour of the applicant.

7. In view of the aforementioned Joint Compromise Purshish so also the Settlement Purshis the appeal stands disposed of. R&P received, if any, shall be remitted back to the Tribunal concerned forthwith. Compromise decree be drawn in terms of the aforementioned purshish.

(A. C. JOSHI,J.) CHAIRPERSON SHRIJIT PILLAI/98