Icici Lombard General Insurance ... vs Jerambhai Chanabhai Pipaliya
2021 Latest Caselaw 4521 Guj

         C/FA/1970/2012                                    ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 1970 of 2012

==========================================================
      ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
                            Versus
             JERAMBHAI CHANABHAI PIPALIYA & 2 other(s)
==========================================================
Appearance:
ADITI S RAOL(8128) for the Appellant(s) No. 1
MR SUNIL B PARIKH(582) for the Defendant(s) No. 2
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1
RULE SERVED(64) for the Defendant(s) No. 2,3
==========================================================

 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 22/03/2021

                              ORAL ORDER

1. Heard learned advocate Ms. Aditi S. Raol for the appellant, learned advocate Mr. Hemal Shah for respondent No.1 and learned advocate Mr. Sunil B. Parikh for respondent No.2.

2. Learned advocate Ms. Raol for the appellant and learned advocate Mr. Shah for respondent No.1 have jointly submit that parties have settled the dispute and settlement purses dated 12.03.2021 has been filed. Both the parties have agreed in terms of having the impugned judgment dated 21.03.2012 passed by the Motor Accident Claims Tribunal (Aux.) at Rajkot in MACP No.465 of 2010 stands modified to the extent that rate of interest of 8% granted from the date of filing till realization be modified to 6%. Considering the same, impugned judgment and award stands modified as referred herein above. Parties to abide by the settlement terms.

C/FA/1970/2012 ORDER

3. Consequently, the difference amount between 8% and 6% of the amount shall be refunded back to the insurance company and whereas, remaining amount shall be appropriately disbursed by the learned Tribunal in favour of the original applicants, by way of account payee cheque after due verification.

In view of above, First Appeal is disposed of as allowed.

(NIKHIL S. KARIEL,J) DRASHTI K. SHUKLA