New India Assurance Company Ltd vs Dwarkeshbhai Kantilal Oza
2021 Latest Caselaw 18318 Guj

     C/FA/2213/2020                                          ORDER DATED: 11/12/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 2213 of 2020

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                      NEW INDIA ASSURANCE COMPANY LTD
                                    Versus
                         DWARKESHBHAI KANTILAL OZA
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MR MM TIRMIZI(1117) for the Defendant(s) No. 1,2
NOTICE SERVED(4) for the Defendant(s) No. 3,4
UNSERVED EXPIRED (N)(9) for the Defendant(s) No. 5
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                  Date : 11/12/2021

                         ORAL ORDER

IN LOK ADALAT

1. Mr. Tirmizi, learned Advocate appearing for respondent no. 1 & 2 and Mr. Shelat, learned Advocate appearing for appellant have tendered the Joint Compromise Purshis and Settlement Purshis respectively which reads as under.

1.The appellant insurance company has filed subject appeal challenging impugned judgment & award dated 29-01-2020 passed by MACT, (AUX-III), 13th Additional District Court, Ahmedabad (Rural) in MACP No.327/2007. Now, there is a complromise/ settlement between appellant and respondent No. 1&2-original claimants, thereby claimants are ready and willing to accept Rs.4,98,400/- with 9% thereon from date of claim petition till its deposited by appellant as full and final settlement of their claim petition.

2.As per order dated 22-12-2020 passed by this

C/FA/2213/2020 ORDER DATED: 11/12/2021

hon'ble Court, appellant has deposited entire awarded amount i.e. Rs.5,38,400/- with cost and 9% interest i.e. Rs.25,000/- Rs.9,50,602/- and Rs.2,43,901 in all RS.12,19,503/- thereon on 18- 03-2020 and 19-01-2021 respectively with tribunal.

3.It is requested that appellant insurance company will get back refund of Rs.40,000/- with 9% interest and proportionate cost thereon from date of claim petition till its deposition with tribunal and interest if any accrued thereon till date by account payee cheque in favour of appellant. Likewise, claimants shall be paid Rs.4,98,4000/- with 9% interest & proportionate cost thereon from date of claim petition till its deposited by appellant with tribunal and interst if any accrued thereon till date by account payee cheque on proper verification.

4.Thus, in view of above said settlement between parties, it is requested to this hon'ble Court to accept aforesaid settlement by taking compromise purshish on record, thereby modify impugned judgment and award in terms of present settlement in the interest of justice.

5.The necessary Court Fees, if any, be reimbursed/refunded as per Section 21(1) of the Legal Services Authority Act, 1987 in the name of Appellant.

C/FA/2213/2020 ORDER DATED: 11/12/2021

2. Both, the Joint Compromise Purshis on behalf of appellants and New India Assurance Company Ltd. so also the Settlement Purshis are directed to be taken on record.

3. 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/56/PC