GAJENDRABHAI NATHURAM GOYAL Vs. KIRANBEN SUSHILKUMAR SING

JUDGEMENT

(1.) Learned advocate Mr. Rathin Raval for the respondent No. 4 - ICICI Lombard General Insurance Company Ltd. submitted that after the appeal being preferred by the owner, the insurance company could revisit the award as well as insurance policy and after much deliberation at the office level, the insurance company offered to settle the first appeal and as per the settlement with the claimants, the respondent No. 4 - insurance company has decided to pay compensation in the sum of Rs.30,75,000.00, which includes costs and interest.

(2.) Original claimant Nos. 1 and 2 are present before the Court and stated that original claimant No. 3 is, at present, taking her exams and therefore, she could not sign the Settlement but the claimant No. 1 being mother, has taken care of the interest of the claimant No. 3, who is major.

(3.) The award was of Rs.18,95,920.00 and it was against the opponents therein, while the present appellant who is ordered to pay the awarded amount. Learned advocate Mr. Krunal Saxena for the appellant stated that, by an order passed below Exh. 12 in the claim petition, the respondent No. 4 (original opponent No. 2) - ICICI Lombard General Insurance Company Ltd. came to be deleted and thus, made a prayer that, in view of the Settlement, the insurance company be again ordered to be made party - opponent No. 2 in the claim petition.