Bajaj Allianz General Insurance ... vs Dineshkumar Kanjibhai Prajapati
2021 Latest Caselaw 4158 Guj

                 C/CA/3100/2020                                 ORDER




  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/CIVIL APPLICATION NO. 3100 of 2020

            In F/FIRST APPEAL NO. 25288 of 2020
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        BAJAJ ALLIANZ GENERAL INSURANCE CO LTD
                           Versus
             DINESHKUMAR KANJIBHAI PRAJAPATI
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Appearance:
MS SHIKHA PANCHAL FOR MS ADITI S RAOL(8128) for the Applicant(s) No. 1
RULE SERVED(64) for the Respondent(s) No. 2
RULE UNSERVED(68) for the Respondent(s) No. 1
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                                  Date : 15/03/2021

                                   ORAL ORDER

Heard learned Advocate Ms. Shikha Panchal for learned Advocate Ms. Aditi S. Raol for the applicant for the applicant. Though serve, none appears for the respondents.

Learned Advocate Ms. Panchal submits that the appellant - Insurance Company and the respondents herein have settled the matter inter se and whereas the settlement purshis is submitted to this Court. Learned Advocate, therefore, submits that the present Civil Application for condoning the delay and all attendant proceedings may be disposed of. The same is directed to be taken on record. The settlement purshis reads as under:

1. I, the undersigned am appearing for the appellant in the captioned First Appeal.

2. The appellant filed the captioned First Appeal under Section 173 of the Motor Vehicles Act, 1988, before this Hon'ble

C/CA/3100/2020 ORDER

Court, challenging the final judgment, order and award dated 25.06.2019 passed by the Motor Accident Claims Tribunal (Rural), at Mirzapur in MACP No.2055 of 2008. The Tribunal has awarded compensation of Rs.87,740/- with interest at the rate of 9% p.a. from the date of filing of the claim petition till its realization to the opponent no.1 (original claimant) under Section 166 of the Motor Vehicles Act, 1988.

3. By its order order dated 05.01.2021, this Hon'ble Court issued Rule in Civil Application No.3100 of 2020 for Delay Condonation in the captioned First Appeal (stamp) No.25288 of 2020. A copy of oral order dated 05.01.2021 passed by this Hon'ble Court in the captioned First Appeal (Stamp) No. 25288 of 2020 is annexed hereto and marked as Annexure- A.

4. Pending First Appeal (Stamp) no.25288 of 2020, the original claimant (Dineshkumar Kanjibhai Prajapati) has arrived at an amicable settlement with the appellant insurance company. A copy of settlement purshis signed by authorized signatory for appellant, advocate appearing for the appellant and opponent No.1 (original claimant) is annexed hereto and marked as Annexure-B .

In view of the settlement between the parties, learned Advocate Ms. Panchal requests that the Civil Application for condoning delay and all attendant proceedings may be disposed of by this Court.

Permission is granted.

Considering the fact that the parties have settled the matter inter se,

C/CA/3100/2020 ORDER

therefore, the present Civil Application praying for condonation of delay is disposed of as withdrawn. Consequently the First Appeal No. 25288 of 2020 stands disposed of. Parties are directed to abide by the terms of the settlement.

Court fees be refunded back to the appellant forthwith.

(NIKHIL S. KARIEL,J) Y.N. VYAS