RAM PRAKASH Vs. LALJI HIRJIBHAI DANGAR

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and award dated 1.2.2019 passed by the Motor Accident Claims Tribunal (Auxi-3) Gandhidham- Kachchh in MACP No.170 of 2016 under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as the Äct"). By the said award, the respondent no.3 - Insurance Company came to be exonerated and the respondent nos. 1 and 2 were held responsible and were directed to deposit the amount awarded within 30 days of the order. Against the said order, present appeal is filed by the claimant on various grounds under Section 173 of the Act.

(2.) Heard Mr. Vishal Mehta,learned advocate for the appellant and Ms. Kirti S Pathak, learned advocate for the Insurance Company- respondent no.3. None appears for respondent nos. 1 and 2.

(3.) Mr. Mehta,learned advocate for the appellant has submitted that respondent no.3 Insurance Company came to be exonerated by the Tribunal on the ground that no driving license was produced by the appellant and treated the driver of the vehicle involved in the accident as having no license. Mr. Mehta, learned advocate for the appellant further submitted that in fact the driving license was in existence. The said fact was re-examined by the respondent no.3- Insurance Company. Mr. Mehta further submitted that during the pendency of this appeal, the concerned parties i.e. present appellant and respondent no.3 - Insurance Company have amicably settled the issue, for which, settlement pursis is filed on record of the appeal dated 27.05.2020. Mr. Mehta submitted that the appellant has agreed to accept the amount of Rs.12,00,000/- (Rupees Twelve Lakh only) towards full and final amount of compensation of the claim raised by the appellant including interest and cost. Mr. Mehta therefore, submitted that the impugned judgment and award be modified accordingly and the appeal be partly allowed.