Karnabhai Dadubhai Miyatra vs Jasminbhai Mahendrabhai Mendha
2021 Latest Caselaw 7227 Guj

       C/FA/1800/2020                               ORDER DATED: 29/06/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                        R/FIRST APPEAL NO. 1800 of 2020

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                 KARNABHAI DADUBHAI MIYATRA & 1 other(s)
                               Versus
              JASMINBHAI MAHENDRABHAI MENDHA & 1 other(s)
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Appearance:
MR. HEMAL SHAH(6960) for the Appellant(s) No. 1,2
MR KRUNAL L SHAHI(6519) for the Defendant(s) No. 1
NOTICE NOT RECD BACK(3) for the Defendant(s) No. 2
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     CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

                                Date : 29/06/2021

                                 ORAL ORDER

This First Appeal was filed by the original respondent No. 1 and 2 upon being aggrieved by judgment and award dated 16.5.2017 passed by Motor Accident Claims Tribunal (Auxi.), Rajkot, in Motor Accident Claim Petition No. 1732 of 2008, whereby the Claims Tribunal hold that the applicant was entitled to get the compensation of Rs. 2,75,000/- from respondent Nos. 1 and 2 holding that they jointly and severally liable to pay the said amount with interest @ 8% from the date of filling of the Claim Petition till the date of realisation.

2. This court issued notice in the Appeal on 25.9.2020. Since then it had remained pending at the admission stage.

3. On the last occasion, learned advocate Mr. Hemal Shah for the appellant, as recorded in order dated 14.6.2021, stated that the parties had settled their dispute and that he was awaiting certified copy of the settlement reflecting withdraw of the Execution proceedings.

C/FA/1800/2020 ORDER DATED: 29/06/2021

4. Today, when the appeal came up again, learned advocate for the appellant produced copy of settlement (Exh. 12) filed before the Executing court, from which details of settlement could be figured out. The claimants have accepted as per the final settlement recorded in the settlement purshish Rs. 2,75,000/- towards the total compensation and the entire rest of the claim is given up. Copy of the said settlement purshish forwarded to Registrar General and made available to this court, shall remain on record of the appeal.

5. The impugned judgment and award of the Motor Accident Claims Tribunal stands modified in terms of the settlement arrived at between the parties. The appeal is disposed of accordingly.

(N.V.ANJARIA, J) C.M. JOSHI