Gujarat High Court
Dharmishtaben Sureshbhai Patel vs Vinodkumar Jaswantsinh Chavda ... on 25 February, 2022
Bench: Ashokkumar C. Joshi
C/FA/3936/2012 ORDER DATED: 25/02/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3936 of 2012
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DHARMISHTABEN SURESHBHAI PATEL & 1 other(s)
Versus
VINODKUMAR JASWANTSINH CHAVDA (DELETED) & 2 other(s)
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Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2
for the Defendant(s) No. 1
MS. MASUMI Nanavati, ADVOCATE for MR VIBHUTI NANAVATY(513) for
the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 2
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CORAM:HONOURABLE DR. JUSTICE ASHOKKUMAR C. JOSHI
Date : 25/02/2022
ORAL ORDER
1. Heard learned Advocate Mr. Hiren M. Modi for the Appellants (Original
Claimants) and learned Advocate Ms. Masumi Nanavati for learned Advocate
Mr. Vibhuti Nanavaty for Respondent No.3 - Reliance General Insurance
Company Limited (Original Opponent No.3).
2. Learned Advocate for the Appellants and learned Advocate for the
Respondent No.3 have placed on record the Settlement Purshis dated
12.3.2022, which reads as under:
"The present First Appeal has been filed by the Original Claimants for
enhancement of the compensation against the order passed by the Motor
Accident Claims Tribunal (Aux.) (K.B.Maghnani) 8 th (Ad Hoc) Additional
District Judge, at Vadodara in Motor Accident Claims Petition No. 1125 of
2008.
The MAC Tribunal has passed a judgment and award of holding the Opponent
No. 1 to 3 jointly and severally liable for payment of compensation of
Rs.2,36,000/- with simple interest at 7.5% per annum.
C/FA/3936/2012 ORDER DATED: 25/02/2022
The Appellant - Original Claimants and the Respondent No.3 - Original
Opponent No.3 - Reliance General Insurance Co. Ltd. have settled the present
matter outside the Court.
The parties to the present settlement have arrived at the mutual consent and
accordingly, the Appellant - Original Claimants are entitled to receive an
additional amount of Rs.2,25,000/- (Rupees Two Lakh Twenty Five Thousand
only) from the Respondent No.3 - reliance General Insurance Co. - Opponent
No.3. That the Appellants - Original Claimants have no objection and have
consented to an enhancement amount to the tune of Rs.2,25,000/- inclusive of
all.
The necessary court fees, which may be filed / deposited before the court by the
Appellant may be reimbursed and the court fee stamp certificate may be issued
in the name of the Appellant.
The parties further agree that the disposal of this first appeal will not affect
any other or further connected matters arising out of the same accident and the
same cannot be treated as precedent in any further cases for reference. In
view of the above, the undersigned prays to pass the appropriate order for
withdrawal of the present Appeal.
The Claimants are entitled to withdraw the amount lying in the fixed deposit.
Place : Ahmedabad Sd/-
__________________________________
Date : 12/01/2022 Respondent No.3
Presented on 12/03/2022 With Special Authority to withdrawal
Presented on : 25/02/2022 the First Appeal
Identified by the claimants Sd/-
Sd/- __________________________________
Advocate for the Appellants Advocate for the Res No.3
Mr. Hiren M. Modi Mr. Vibhuti P. Nanavaty
Sd/-
________________________________
(1) Dharmishtaben Sureshbhai Patel
Sd/-
________________________________
(2) Ghanshyambhai Sureshbhai Patel"
3. The learned Advocates appearing for both the parties have requested
that the present First Appeal may be disposed of in terms of the settlement
C/FA/3936/2012 ORDER DATED: 25/02/2022
purshis.
The request made by both the parties is considered and the present First
Appeal deserves to be disposed of in terms of the Settlement Purshis as
aforesaid.
4. In view of the Settlement Prushis and considering the request made by
the learned Advocates for the parties, the present First Appeal stands disposed
of in terms of the Settlement Purshis dated 12.1.2022. The Respondent No.3 -
Reliance General Insurance Company Limited (Original Opponent No.3) shall
deposit the enhanced amount as agreed to be paid to the Appellants (Original
Claimants), in term of the Settlement Purshis, before the Motor Accident
Claims Tribunal, Vadodara, within a period of six weeks from the date of
receipt of the copy of this order. The enhanced amount, so deposited by the
Respondent No.3 - Reliance General Insurance Company Limited (Original
Opponent No.3) before the Tribunal, shall be disbursed to the Appellants
(Original Claimants) within a period two weeks thereafter, after proper
verification.
(A. C. JOSHI,J)
pc / 13 / J.N.W
