C/FA/3606/2023 ORDER DATED: 22/09/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 3606 of 2023 ========================================================== MINOR DIGVIJAY MOHANBHAI BARIYA THROUGH MOHANBHAI RATANBHAI BARIYA Versus BHADRAKUMAR KANTILAL MODI & ANR. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Appellant(s) No. 1 MS KIRTI S PATHAK(9966) for the Defendant(s) No. 2 MS TASNIM A ZABUAWALA(10756) for the Defendant(s) No. 1 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 22/09/2025 ORAL ORDER 1. The captioned Appeal is filed by the original claimant against the impugned judgment and award dated 11.01.2023 passed in M.A.C.P No.51 of 2020, whereby, the claim petition was partly allowed and accordingly, the learned Tribunal has awarded an amount of Rs.25,000/- as compensation together with interest at the rate of 7% per annum from the date of filing this claim petition till its realization to the claimant. 2. Heard learned advocates for the parties. 3. Learned advocates for the parties submitted that the claimants as well as the Insurance Company have amicably settled the matter and arrived at compromise for an additional C/FA/3606/2023 ORDER DATED: 22/09/2025 compensation of Rs.3,58,000/-. They have also placed on record the settlement pursis. In the said pursis, the following terms and conditions are agreed upon:- “The Original Claimants - present Appellants, have offered to settle the First Appeal No. 3606 of 2023 which was preferred by the Appellants for enhancement of compensation. The offer was to settle the dispute by paying an additional compensation of 3,58,000/- (Rupees Three ₹ Lakhs Fifty Eight Thousand Only) including interest and cost. In light of this settlement, it is humbly prayed before this Hon'ble Court to dispose of the captioned matter. It is also stated that disposal of this First Appeal shall not affect any connected matter arising out of the same accident which is/may be filed before any other court. It is stated that the disposal of this appeal shall not be treated as precedent in any future cases for reference. The amount so deposited shall kindly be disbursed to the Appellant after due verification by way of Account Payee Cheque or NEFT. Further, it is requested to this Hon'ble Court that the necessary court fees which were filed before this Hon'ble Court by the appellant may be reimbursed and refunded.” 4. In view of the aforesaid compromise arrived at between the parties, the present appeal is disposed of accordingly. The terms of settlement shall be treated as the integral part of this order. The enhanced amount of compensation shall be deposited by the Insurance Company within a period of 4 weeks from the date of receipt of the copy of order. Upon depositing of the said amount, the claimants shall be at liberty to withdraw the entire amount. Court fees, if any, paid by the claimants shall be refunded to them accordingly. Amount, if any lying deposited with Registry, C/FA/3606/2023 ORDER DATED: 22/09/2025 be transmitted to the concerned learned Tribunal. No order as to costs. (MOOL CHAND TYAGI, J) CDP Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHIRAG DESHRAJ PAL(HCD0072), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 29/09/2025 12:21:30