Icici Lombard General Insurance vs Vijayaben Shantilal Hadvani
2021 Latest Caselaw 18319 Guj

      C/FA/2664/2019                                ORDER DATED: 11/12/2021



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 2664 of 2019
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                       ICICI LOMBARD GENERAL INSURANCE
                                     Versus
                          VIJAYABEN SHANTILAL HADVANI
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3
RULE SERVED(64) for the Defendant(s) No. 4,5
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 CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN
       and
       HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                                Date : 11/12/2021

                          ORAL ORDER

IN LOK ADALAT

(PER : HONOURABLE MS. JUSTICE SANGEETA K. VISHEN)

1. Mr.Sunil Parikh, learned advocate for the appellant and Mr.Nishit

Bhalodi, learned advocate for the respondent Nos.1 to 3 have placed on

record the joint compromise pursis agreeing for reduction of the rate of

interest awarded by the concerned Tribunal from 9% to 7.5% p.a. with a

further request to modify the award accordingly.

2. In view of the compromise pursis and as agreed upon by the

respective parties so also, the learned advocates for the respective

parties, the judgment and award dated 09.01.2019 passed by the MACT

(Aux), Keshod, Junagadh in Claim Case No.430 of 2017 is modified to the

extent of direction of 9% interest. In the operative portion, direction

contained in paragraph No.2, the same should be read as 7.5%, instead of

9%.

3. With the aforesaid, the present First Appeal stands disposed of

withdrawn.

C/FA/2664/2019 ORDER DATED: 11/12/2021

4. It is clarified that the difference amount i.e. 1.5% deposited by the

Insurance Company, shall be returned to it accordingly in view of the

compromise pursis. In view of the withdrawal of the present first appeal,

the amount lying in the FDR after refund of the differential amount with

cost and interest, at the rate of 7.5% shall be paid to the original

claimants, after due verification by A/c. Payee cheque.

5. The parties have agreed for withdrawal of this matter, which shall

not affect any other connected matter arising out of the same incident and

not treated as precedent in any further cases for reference.

6. It is further clarified that necessary Court Fees, if any, be reimbursed as per sub-Section (1) of Section 21 of the Legal Services

Authorities Act, 1987 in the name of the appellant.

7. Record and Proceedings, if any, shall be remitted back to the

concerned Tribunal forthwith.

(SANGEETA K. VISHEN, J) CHAIRPERSON

(A. C. JOSHI, J) CHAIRPERSON Hitesh