United India Insurance Company ... vs Hiteshbhai Jashvantray Thaker
2021 Latest Caselaw 18321 Guj

     C/FA/1391/2016                             ORDER DATED: 11/12/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 1391 of 2016
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              UNITED INDIA INSURANCE COMPANY LIMITED.
                                Versus
             HITESHBHAI JASHVANTRAY THAKER & 3 other(s)
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Appearance:
MS. SHARMISHTA A DAVE(8735) for the Appellant(s) No. 1
RULE SERVED(64) for the Defendant(s) No. 1,2,3,4
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 CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI

                             Date : 11/12/2021
                        ORAL ORDER

IN LOK ADALAT

1. Ms. Sharmishta Dave learned advocate appearing for the Appellant - United India Insurance Co. Ltd and the Respondent Nos. 1 and 2 (original claimants) have tendered the Compromise Purshis, which reads as under:

""1. The appellant insurance company preferred present appeal challenging judgment and Award passed by MACT (main), Surendranagar in MACP No. 205 of 2011, dated 29.4.2016. As per order passed by this Hon'ble Court, insurance company has deposited entire awarded amount with interest and cost with MAC Tribunal, as Surendranagar. It is submitted that during pendency of appeal, there is a compromise taken place between insurance company and original claimants, thereby claimants are ready and willing to accept award amount Rs.3,11,700/- with 7% interest thereon from the date of petition till deposited by insurance company with tribunal instead of impugned award amount with 9% interest.

2. Thus, in view of above said settlement appellant and respondents No. 1 & 2 - Original Claimants have agreed and settled that claimants will receive Rs.3,11,700/- with 7% interest instead of 9% awarded by the MAC Tribunal till its deposited by Insurance company and excess amount deposited by Insurance Company with tribunal shall be returned to appellant Insurance Company.

3. xxxxx"

2. The Compromise Purshis on behalf of Appellant and the

C/FA/1391/2016 ORDER DATED: 11/12/2021

Respondent Nos. 1 and 2 (original claimants) is directed to be taken on record.

3. As agreed by the Appellant - United India Insurance Co. Ltd., and the Respondent Nos. 1 and 2 (original claimants), the claimants will receive Rs.3,11,700/- with 7% interest instead of 9% awarded by the MAC Tribunal till its deposited by Insurance company and excess amount deposited by Insurance Company with tribunal shall be returned to appellant Insurance Company.

4. It is needless to clarify that the compromise purshis 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, 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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