Mahamadhanif Sikandarkha Rathod vs Lh Of Decd Ayubbhai Akbarkha ...
2023 Latest Caselaw 6227 Guj

                                                                             NEUTRAL CITATION




      C/FA/4/2023                           ORDER DATED: 24/08/2023

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  IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/FIRST APPEAL NO. 4 of 2023
                          With
      CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
             In R/FIRST APPEAL NO. 4 of 2023

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         MAHAMADHANIF SIKANDARKHA RATHOD
                           Versus
       LH OF DECD AYUBBHAI AKBARKHA KURESHI
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Appearance:
MR HARSHAD K PATEL(2844) for the Appellant(s) No. 1
for the Defendant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1.2,1.3
NOTICE NOT RECD BACK for the Defendant(s) No. 1.1
NOTICE SERVED for the Defendant(s) No. 2
UNSERVED EXPIRED (N) for the Defendant(s) No. 1.4
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                        Date : 24/08/2023

                        ORAL ORDER

1. Pursuant to the order dated 13.07.2023 passed by this Court, the matter was referred to the Mediation Center, attached to the District Court, Vadodara and consequent thereto, a copy of Settlement Agreement is produced on record, and further, the Secretary, DLSA, Vadodara has sent a copy of the Settlement, arrived at the Mediation Center and the report suggests that the mediation has remained successful.

                                                                               NEUTRAL CITATION




        C/FA/4/2023                          ORDER DATED: 24/08/2023

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2. Learned advocate Mr. Harshad Patel for the appellant - applicant and learned advocate Mr. Hiren Modi for the concerned respondents, under instructions, affirms the settlement.

3. As per the settlement, final amount has been decided and the total compensation amount, as agreed, of Rs.15 lakh has already been paid.

4. In view of the above, the impugned judgment and award dated 25.04.2022 passed by the learned Motor Accident Claims Tribunal (Auxiliary), Vadodara at Dabhoi in Motor Accident Claim Petition No. 13 of 2020 is modified in terms of the Settlement Agreement dated 08.08.2023, arrived at between the parties, which is on record. The first appeal, accordingly, stands disposed of. R&P, if received, be transmitted back, forthwith.

4.1 In view of main first appeal is disposed of, as aforesaid, connected civil application does not survive and the same stands disposed of accordingly.

[ Gita Gopi, J. ] hiren /80