Gujarat High Court
Bajaj Alliance General Insurance ... vs Niyamat Javedhai Kadivar on 11 September, 2021
Bench: Vaibhavi D. Nanavati
C/FA/3791/2018 ORDER DATED: 11/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3791 of 2018
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BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LIMITED
Versus
NIYAMAT JAVEDHAI KADIVAR & 2 other(s)
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1
RULE SERVED(64) for the Defendant(s) No. 2
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
LOK ADALAT
Date : 11/09/2021
ORAL ORDER
1. Heard the learned counsels appearing for the respective
parties.
2. The learned counsels appearing for the respective parties have
produced compromise pursis dated 08.09.2021 jointly signed by
them as well as the authorized signatory of the appellant insurance
company that parties have arrived at an amicable settlement. The
compromise pursis is reproduced hereinbelow:-
"COMPROMISE PURSHISH
1. The appellant has challenged by filing caption
appeal judgment and award dated 20.02.2018 passed
C/FA/3791/2018 ORDER DATED: 11/09/2021
by MACT (Aux.), Rajkot in MACP No. 854/2007. Now,
there is an amicable settlement arrived between
appellant - insurance company with claimants -
respondent no.1 herein on following terms.
2. The respondent no.1 - original claimant is ready
and willing to accept award amount with 6% instead
of 8% awarded by Tribunal. Thus, claimant is agreed
to accept as full and final settlement of his claim an
amount of Rs.52,317/- with 6% from date of claim
petition till its deposited by insurance company and
interest accrued thereon in FDR. The excess interest
amount so deposited by insurance company as per
tribunal's award and accrued interest thereon be
refunded back to appellant - insurance company.
3. The Tribunal may be directed to disburse aforesaid
amount lying in FDR to claimant by way of account
payee cheque on proper verification and balance
amount to appellant - insurance company by way of
account payee cheque in its favour.
4. This settlement is arrived between insurance
company & claimant as full and final settlement.
Nonetheless, it will not be treated / cited as precedent
and not come in way of appellant in any of case
arising out same accident or otherwise. The
compromise purshish be taken on record."
3. In view of the above compromise arrived at between both the
sides, the original claimants have agreed to accept Rs.52,317/- with
6% interest from the date of claim petition till its deposited by the
insurance company before the Tribunal along with the interest
accrued thereon in FDR, as full and final settlement. The remaining
amount which has already been deposited by the insurance
company, be refunded to the appellant insurance company.
4. Since the appeal is settled, the claimed amount lying with the
Bank in the form of FD/lying either with this Court/Tribunal or
C/FA/3791/2018 ORDER DATED: 11/09/2021
with the Nazir Branch of the Tribunal may be disbursed in favour
of the claimants, after due verification by way of account payee
cheque.
5. Necessary Court fees, if any, be refunded to the appellant as
per the provisions of Section 21(1) of the Legal Services Authority
Act, 1987.
6. The order passed in this Appeal shall not be treated as a
precedent. This order will not come in the way of the Insurance
Company in any other matter arising out of the same accident.
7. The Registry is directed to transmit the record and
proceedings to the Tribunal forthwith, if any, lying with this Court.
8. In view of the above settlement arrived at between both the
parties, the present First Appeal stands disposed of.
9. All the connected Civil Applications, if any, also stand
disposed of, in view of the order passed in the main First Appeal.
(VAIBHAVI D. NANAVATI,J)
CHAIRPERSON
Pradhyuman
