Riyaz Ibrahim Sumra vs Mahendrabhai Ibrahim Sumra
2023 Latest Caselaw 7014 Guj

                                                                               NEUTRAL CITATION




      C/FA/2981/2023                           ORDER DATED: 22/09/2023

                                                                                undefined




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 2981 of 2023

=================================================
                   RIYAZ IBRAHIM SUMRA
                             Versus
             MAHENDRABHAI IBRAHIM SUMRA
=================================================
Appearance:
MR. HEMAL SHAH(6960) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2
=================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                           Date : 22/09/2023

                           ORAL ORDER

1. This appeal, under Section 173 of the Motor Vehicles Act,

1988 (MV Act), is filed by the appellant - original claimant

challenging the judgment and award dated 29.11.2021 passed by the

learned Motor Accident Claims Tribunal (Main), Kachchh at Bhuj in

Motor Accident Claim Petition No. 285 of 2014.

2. Today, when the matter was called out, learned advocate for

the appellant produced a Settlement Pursis, which is signed by the

NEUTRAL CITATION

C/FA/2981/2023 ORDER DATED: 22/09/2023

undefined

authorized signatory of respondent No. 2 - ICICI Lombard General

Insurance Company Ltd. The Settlement is for an amount of Rs.2

lakh, which includes interest and costs. The offer for settlement was

from the appellant - original claimant through the learned advocate

and the insurance company has accepted the offer of Rs.2 lakh,

accepting the condition that they would arrange for the deposit of the

said amount within a period of three months from the date of receipt

of copy of this order.

3. The learned advocate for the appellant submitted that the

claimant - injured is now aged about 21 years and for his higher

education and other needs, is in need of money and therefore, as per

one of the conditions of Settlement, has prayed for the total amount

to be paid to the claimant.

4. The aforesaid Settlement is accepted and is taken on record.

Accordingly, the impugned judgment and award of the Tribunal, as

aforesaid, is hereby modified in terms of the Settlement and the

respondent No. 2 - insurance company is directed to deposit Rs.2

NEUTRAL CITATION

C/FA/2981/2023 ORDER DATED: 22/09/2023

undefined

lakh towards total compensation, which includes interest and costs,

before the Tribunal concerned, within a period of three months from

the date of receipt of copy of this order.

4.1 On such amount being deposited, the Tribunal concerned shall

disburse the same in favour of the appellant - claimant by way of an

Account Payee Cheque, on proper verification and following due

procedure.

5. With aforesaid, the first appeal is disposed of.

[ Gita Gopi, J. ] hiren /33