The United India Insurance ... vs Rameshbhai Ishwarbhai Darji
2021 Latest Caselaw 13788 Guj

      C/FA/593/2021                             ORDER DATED: 11/09/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/FIRST APPEAL NO. 593 of 2021
                             With
         CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                              In
                R/FIRST APPEAL NO. 593 of 2021
=====================================================
         THE UNITED INDIA INSURANCE COMPANY LTD
                            Versus
               RAMESHBHAI ISHWARBHAI DARJI
=====================================================
Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MR MOUSAM R YAGNIK(3689) for the Defendant(s) No. 1,2
NOTICE UNSERVED(8) for the Defendant(s) No. 3,4
=====================================================

 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 11.09.2021 jointly signed by them as well as the respective parties and have stated that parties have arrived at an amicable settlement. The compromise pursis is reproduced hereinbelow :-

"COMPROMISE PURSHISH

C/FA/593/2021 ORDER DATED: 11/09/2021

1. The appellant insurance company has filed present appeal challenging Judgment and Award dated 17.02.2020 passed by the MACT, (Main), Banaskantha @ Palanpur in MACP No. 202/2014. As per order passed by this hon'ble court, insurance company has deposited entire awarded amount with tribunal. It is submitted that during pendency of appeal, there is a compromise taken place between insurance company and original claimants thereby claimants are ready and willing to accept Rs.3,00,000/- with 9% thereon from date of claim petition till its deposited by insurance company with tribunal instead of impugned award amount.

2. Thus, in view of above settlement, appellant and respondent no. 1 and 2 - original claimants have agreed and settled that claimants will receive Rs.3,00,000/- with 9% thereon from date of claim petition till its deposited by insurance company and excess amount so deposited by insurance company with tribunal shall be returned back to appellant - insurance company.

3. Kindly accept compromise purshish thereby modify impugned judgment / award passed by tribunal in the interest of justice."

3. In view of the above compromise arrived at between both the sides, the original claimants have agreed to accept Rs.3,00,000/- with interest @ 9% thereon alongwith proportionate cost. 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 with the Nazir Branch of the Tribunal may be disbursed in favour of the claimants, after due verification by way of account payee

C/FA/593/2021 ORDER DATED: 11/09/2021

cheque in terms of the award.

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 appellant - 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