Umeshbhai Merambhai Rathod vs Shatubhai Dadubhai Khachar
2021 Latest Caselaw 18317 Guj

     C/FA/2188/2021                                      ORDER DATED: 11/12/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2188 of 2021

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                      UMESHBHAI MERAMBHAI RATHOD
                                 Versus
                      SHATUBHAI DADUBHAI KHACHAR
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3
MOHSINKHAN A KOREJA(9296) for the Defendant(s) No. 2
MR MAULIK J SHELAT(2500) for the Defendant(s) No. 3
RULE SERVED(64) for the Defendant(s) No. 1
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                Date : 11/12/2021

                                  ORAL ORDER

1. Mr. M.J. Shelat, learned Advocate appearing for respondent no. 3 has tendered the Joint Compromise Purshis and Settlement Purshis respectively, which reads as under :

SETTLEMENT PURSHIS

"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. 3,00,000/(Rupees Three Lakhs Only) including interest and cost as full and final settlement of their claim.

2. The Respondent No. 3, Original Opponent No. 3 i.e., United India Insurance Co. Ltd. has agreed to accept the said offer. It will arrange to deposit Rs.

C/FA/2188/2021 ORDER DATED: 11/12/2021

3,00,000/(Rupees Three Lakhs Only) which also includes interest and cost with the Motor Accident Claims Tribunal at Amreli, 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. "

2. In the Joint Compromise Purshis, the respondent No. 3 United India Insurance Co. Ltd., learned 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. 3,00,000/- including interest and cost as full and final settlement of their claim.

The respondent No.3 United India Insurance Co. Ltd. has agreed to accept the said offer. It will arrange to deposit Rs.3,00,000/- which also includes interest and cost with Motor Accident Claims Tribunal at Amreli within 60 days from the date of receipt of order.

3. So far as the Settlement purshis produced by the party is concerned. Both, the Joint Compromise Purshis on behalf of appellant and United India Insurance Co. 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 claimant will be entitled to withdraw

C/FA/2188/2021 ORDER DATED: 11/12/2021

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 purshis.

(A. C. JOSHI,J) KUMAR ALOK / 132