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Gujarat State Road Transport Corporation Vs. Minaxiben Ranchhodbhai Chauhan and ors. - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtGujarat High Court
Decided On
Judge
Reported in2(1986)ACC143
AppellantGujarat State Road Transport Corporation
RespondentMinaxiben Ranchhodbhai Chauhan and ors.
Excerpt:
- .....effect that the tribunal should refund a sum of rs. 10,000/- to the appellant-corporation.4. the learned advocate for the insurance company states that this arrangement should be without prejudice to the rights of the insurance company. we are not concerned in this appeal with regard to this contention on behalf of the insurance company, which has not challenged the award before us and as the appeal and cross objections are sought to be withdrawn.5. the appeal and cross-objection are permitted to be withdrawn, as stated out of the court. in view of the settlement of the inter se dispute between the appellant-corporation and respondent no. 1, the tribunal is directed to refund a sum of rs. 10,000/- to the appellant-corporation.6. in the aforesaid view of the matter, the appeal and.....
Judgment:

S.A. Shah, J.

1. Mr. D.F. Amin, learned advocate for the original claimant (respondent No. 1) states that his client has already attained majority and he undertakes to file Vakalatnama duly signed by her in his favour and requests that the cause title of the proceedings be amended showing respondent No. 1 as major. Statement as per above is recorded and request made is granted.

2. Mr. D.F. Amin, learned advocate for respondent No. 1, and Mr. M.D. Pandya, learned advocate for the appellant-corporation, state that a compromise outside the court between respondent No. 1 and the appellant has been arrived at, whereunder respondent No. 1 has agreed that out of the amount deposited by the appellant-corporation before the Tribunal and which is at present lying with the Bank in Fixed Deposit, a sum of Rs. 10,000/- is to be refunded to the appellant corporation in full and final settlement of the dispute between the appellant-corporation and respondent No. 1. The appellant-corporation is to withdraw its appeal and respondent No. 1 is to withdraw the cross-objection's, and appropriate directions from this court in that behalf are to be obtained.

3. In view of the compromise arrived at outside the court between the parties, as stated hereinabove, Mr. Pandya for the appellant seeks leave to withdraw the appeal, and Mr. Amin for respondent No. 1 seeks leave to withdraw the cross-objections, and both of them seek for issuance of directions to the Tribunal to the effect that the Tribunal should refund a sum of Rs. 10,000/- to the appellant-corporation.

4. The learned advocate for the Insurance Company states that this arrangement should be without prejudice to the rights of the Insurance Company. We are not concerned in this appeal with regard to this contention on behalf of the Insurance Company, which has not challenged the award before us and as the appeal and cross objections are sought to be withdrawn.

5. The appeal and cross-objection are permitted to be withdrawn, as stated out of the Court. In view of the settlement of the inter se dispute between the appellant-corporation and respondent No. 1, the Tribunal is directed to refund a sum of Rs. 10,000/- to the appellant-corporation.

6. In the aforesaid view of the matter, the appeal and cross-objections stand disposed of as withdrawn, with no order as to costs, before the effective hearing.


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