Bajaj Alliance General Insurance ... vs Javid Aahmad Kadivar
2021 Latest Caselaw 13789 Guj

     C/FA/3636/2018                           ORDER DATED: 11/09/2021



           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/FIRST APPEAL NO. 3636 of 2018
                             With
   CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF
                    AMOUNT) NO. 1 of 2021
              In R/FIRST APPEAL NO. 3636 of 2018
                             With
         CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
              In R/FIRST APPEAL NO. 3636 of 2018
=====================================================
   BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LIMITED
                            Versus
             JAVID AAHMAD KADIVAR & 2 other(s)
=====================================================
Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1
NOTICE NOT RECD BACK(3) for the Defendant(s) No. 3
NOTICE SERVED(4) for the Defendant(s) No. 2
=====================================================

 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:-

C/FA/3636/2018 ORDER DATED: 11/09/2021

"COMPROMISE PURSHISH

1. The appellant has challenged by filing caption appeal judgment and award dated 20.02.2018 passed by MACT (Aux.), Rajkot in MACP No. 853/2007. 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.1,32,563/- with 6% from date of claim petition till its deposited by insurance company before tribunal. The excess interest amount so deposited by insurance company as per tribunal's award be refunded back to appellant - insurance company.

3. The Tribunal may be directed to disburse aforesaid amount lying with it in favour of 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. Nevertheless, it will not be treated / cited as precedent and not come in way of appellant in any off 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.1,32,563/- with 6% interest from the date of claim petition till its deposited by the insurance company before the Tribunal, as full and final settlement. The remaining amount which has already been deposited by the insurance company, be refunded to the appellant insurance company.

C/FA/3636/2018 ORDER DATED: 11/09/2021

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 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 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