M/S Singhvi Motors vs Dakhu Bai & Ors on 24 October, 2009

CMA-779/2000-M/s Singhvi Motors Vs. Mst. Dakhu Bai & Ors. Judgment dt.24.10.09

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              S.B. CIVIL MISC. APPEAL NO.779/2000
             M/s Singhvi Motors Vs. Mst. Dakhu Bai & Ors.

Date of order                          :                    24th October, 2009

                                     PRESENT

              HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. Sajay Mathur for the appellant-owner.
Mr. Dilip Kawadia for the respondent-claimants.

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1.             By the agreement of both the learned counsels, this

appeal under Section 173 of MV Act is disposed of in the following

terms:



2.             Learned counsel for the appellant-owner of the vehicle

submits that amount of Rs.50,000/- under the impugned award was

already deposited by the appellant under "no fault clause" under

Section 140 of the MV Act. Further the cheque of Rs.1,63,000/-

given to the respondent-claimants under a compromise entered into

between the parties would be encashed if now presented by the

claimants for collection to the Bank of the appellant company.

               Learned counsel for the appellant owner of the vehicle

undertakes that the said cheque would be encashed upon presentation.
 CMA-779/2000-M/s Singhvi Motors Vs. Mst. Dakhu Bai & Ors. Judgment dt.24.10.09

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If the aforesaid cheque which was already given of Rs.1,63,000/-, is

available with the respondent-claimants, the same may be presented

now for collection by them and if no such cheque is available then

fresh cheque may be given by the appellant which would be

encashed. Thus with the total payment of Rs.1,63,000/- under the

aforesaid compromise plus Rs.50,000/- already deposited by the

appellant is paid to the respondent-claimants, the claim of the

respondents would stand satisfied and the claimants would not claim

anything further under the impugned Award. This is agreed to by

learned counsel for the respondent-claimants.



3.             This appeal is accordingly disposed of in the aforesaid

terms by mutual consent of the parties. No costs.

                                                [ DR. VINEET KOTHARI ], J.

item No.51
babulal/