Bajaj Alliance General Insurance ... vs Narvatbhai Dhanabhai Koli Baria
2021 Latest Caselaw 4617 Guj

     C/FA/1450/2020                                                    ORDER



        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO.         1450 of 2020

                             With
          CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
               In R/FIRST APPEAL NO. 1450 of 2020
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       BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LIMITED
                              Versus
                 NARVATBHAI DHANABHAI KOLI BARIA
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
 for the Defendant(s) No. 2,3
NISHIT A BHALODI(9597) for the Defendant(s) No. 1
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                             Date : 23/03 / 2 0 2 1

                                ORAL ORDER

Heard learned advocate Mr.Maulik Shelat on behalf of the

appellant and learned advocate Mr.Nishit A. Bhalodi for respondents

no.1­original claimant.

Learned advocate Mr.Shelat and Mr.Bhalodi jointly submits that

the matter has been settled between the insurance company and the

claimants and whereas original compromise pursis is submitted to this

Court, the same is directed to be taken on record. According to learned

advocates as per the compromise pursis, the insurance company would

be paying in total a sum of Rs.2,50,000/­ which would be treated as full

and final settlement of the claim and whereas the claimants shall not be

entitled to seek any further amount even as per the impugned judgment

and award dated 25.04.2019 passed by the learned Motor Accident

C/FA/1450/2020 ORDER

Claim Tribunal (Auxi.) Panchmahal at Godhra in Motor Accident Claim

Petition No.2037 of 2008.

Considering the averments made in the compromise pursis, the

appellant insurance company is directed to deposit the amount of

Rs.2,50,000/­ before the concerned tribunal within a period of four

weeks from today and whereas since the original claim petition is of the

year 2008, therefore after the amount is deposited by the insurance

company, learned tribunal shall disburse 50% thereof in favour of the

original claimant after due and proper verification, whereafter

appropriate orders for deposit of the remaining amount shall be passed

by the tribunal. The impugned judgment and award dated 25.04.2019

passed by the learned Motor Accident Claim Tribunal (Auxi.)

Panchmahal at Godhra in Motor Accident Claim Petition No.2037 of

2008 is modified accordingly.

With this observations and directions the first appeal stands

disposed of as allowed. In view of the same Civil Application for stay

also stands disposed of. Parties to abide by the compromise pursis.

(NIKHIL S. KARIEL,J) URIL RANA