Gujarat High Court Case Information System
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FA/2032/2009 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2032 of 2009
For
Approval and Signature:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
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1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
JYOTSNABEN
JASHWANTBHAI DORIA & 4 - Appellant(s)
Versus
CHANDUJI
DHIRAJI THAKOR & 2 - Defendant(s)
=========================================
Appearance :
MR.HIREN
M MODI for Appellant(s) : 1 - 5.
RULE NOT RECD BACK for
Defendant(s) : 1 - 2.
MR MAULIK J SHELAT for Defendant(s) :
3,
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 11/10/2010
ORAL
JUDGMENT
1. Learned
advocates for the respective parties have passed on compromise
purshis duly signed by all the concerned. Purshis is dated 18.9.2010
and the same is taken on record.
2. The
parties have settled the claim of the respective disputes and now the
award impugned in this appeal is, therefore, required to be modified
in terms of the settlement. Now, as per the settlement respondent
Insurance Company has agreed to pay Rs.1,55,000/- with 7.5% interest
from the date of filing of the petition till the realization of the
said amount is made by the claimants in addition to the amount
awarded by the Tribunal that would satisfy the claimants arising out
of the said accident. In short, in addition to the claimed amount,
the claimant shall be entitled to receive Rs.1,55,000/- with 7.5%
interest from the date of the petition till the said amount is
realized. The award shall stand modified accordingly. The appeal is
disposed of. No costs.
3. The
amount shall be deposited within 4 weeks from today before the
concerned Tribunal, which shall thereafter disburse the amount in
accordance with law to the claimants.
(S.R.Brahmbhatt,
J.)
sudhir
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