Hiteshkumar Shankerbhai Patel vs Manubhai Somabhai Patel
2021 Latest Caselaw 18316 Guj

     C/FA/2273/2015                                    ORDER DATED: 11/12/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                       R/FIRST APPEAL NO. 2273 of 2015
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                   HITESHKUMAR SHANKERBHAI PATEL
                               Versus
                  MANUBHAI SOMABHAI PATEL & 2 other(s)
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Appearance:
MR VAIBHAV N SHETH(5337) for the Appellant(s) No. 1
MR TANMAY B KARIA(6833) for the Defendant(s) No. 3
RULE SERVED(64) for the Defendant(s) No. 1,2
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                              Date : 11/12/2021
                         ORAL ORDER

IN LOK ADALAT

1. Mr. Vaibhav N. Sheth, learned Advocate appearing for the appellant and Mr. Tanmay B. Karia, learned Advocate appearing for respondent no. 3 have tendered the Settlement Purshis respectively.

2. The Settlement Purshis is directed to be taken on record, 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.1,50,000/- (One Lakhs Fifty Thousand Only) including interest and cost as full and final settlement of their claim.

2. The Respondent No. 3, Original Opponent No. 3. i.e. Baja Allianz General Insurance Co. Ltd has agreed to accept the said offer. It will arrange to deposit Rs.1,50,000/- (One Lakhs Fifty Thousand Only) which also includes interest and cost with the Motor Accident Claims Tribunal at Kheda (Nadiad), withing 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

C/FA/2273/2015 ORDER DATED: 11/12/2021

accordingly in terms of settlement, dispose of the captioned matter."

3. It has been agreed by the respective insurance companies that the agreed amount shall be deposited with the Tribunal within a period of two months. Once the amount is deposited, the appellant, 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.

4. 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.

5. 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.

6. Compromise decree be drawn in terms of aforesaid settlement.

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.

(A. C. JOSHI,J.) CHAIRPERSON

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