Gujarat High Court
Jagatba Pravinsinh Parmar vs Indrajitsinh Alias Indubha ... on 11 December, 2021
Bench: Ashokkumar C. Joshi
C/FA/1645/2019 ORDER DATED: 11/12/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1645 of 2019
==========================================================
JAGATBA PRAVINSINH PARMAR
Versus
INDRAJITSINH ALIAS INDUBHA MAHIPALSINH GOHIL
==========================================================
Appearance:
JENIL M SHAH(7840) for the Appellant(s) No. 1
MR ANKIT SHAH(6371) for the Defendant(s) No. 3
SERVED BY AFFIX. (R)(67) for the Defendant(s) No. 1,2
==========================================================
CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 11/12/2021
ORAL ORDER
IN LOK ADALAT
1. Mr. J.M. Shah, learned advocate for the appellant has made a
statement that the signature of claimant is on the xerox copy and
he would submit the same in original form within 10 days from the
date of Lok Adalat.
2. Mr. Ankit Shah, 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. 85,000/(Rupees Eighty Five Thousand Only)
including interest and cost as full and final settlement
of their claim.
C/FA/1645/2019 ORDER DATED: 11/12/2021
2. The Respondent No. 3, Original Opponent No. 3 i.e.,
BAJAJ ALLIANZ GENERAL INSURANCE CO LTD. has
agreed to accept the said offer. It will arrange to
deposit Rs. 85,000/(Rupees Eighty Five Thousand Only)
which also includes interest and cost with the Motor
Accident Claims Tribunal at Bhavnagar 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 Highcourt, in any manner."
3. In the Joint Compromise Purshis, the respondent No. 3 Bajaj
Allianz General 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. 85,000/-
including interest and cost as full and final settlement of their
claim.
The respondent No.3 i.e. Bajaj Allianz General Insurance Co
Ltd. has agreed to accept the said offer. It will arrange to deposit
C/FA/1645/2019 ORDER DATED: 11/12/2021
Rs.85,000 which also includes interest and cost with Motor
Accident Claims Tribunal at Bhavnagar within 60 days from the
date of receipt of order.
4. So far as the Settlement purshis produced by the party is
concerned. Both, the Joint Compromise Purshis on behalf of
appellant and Bajaj Allianz General Insurance Co Ltd. so also the
Settlement Purshis are directed to be taken on record.
5. 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
the amount. The amount shall be paid to the appellants-original
claimants by Account Payee Cheque, after due verification.
6. 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.
7. 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.
8. 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
C/FA/1645/2019 ORDER DATED: 11/12/2021
forthwith. Compromise decree be drawn in terms of the
aforementioned purshis.
(A. C. JOSHI,J.)
CHAIRPERSON
KUMAR ALOK /103
