LAWS(GJH)-1985-10-36

REHMAN SULEMAN Vs. FARIDMIYAN ASHRAMIYAN PATHAN

Decided On October 18, 1985
Rehman Suleman Appellant
V/S
Faridmiyan Ashramiyan Pathan Respondents

JUDGEMENT

(1.) APPELLANT 's learned Counsel states that having regard to the facts and circumstances of the case, the appellant is not entitled to claim more than Rs. 7,500/- by way of additional compensation. He has issued a certificate to that effect which is placed on record. The appellant is therefore, permitted to reduce the claim in appeal to Rs. 7,500/-. Mr. R.H. Mehta, learned Counsel appearing for respondent No. 3 Insurance Company states that the Insurance Company will pay to the appellant additional compensation of Rs. 7,500/- inclusive of costs and interest and the said amount will be deposited with the Tribunal within six weeks from today. Since in the opinion of the learned Counsel the settlement of the claim in appeal at Rs. 7,500/- is in the interest of the minor and since the learned Counsel for the Insurance Company has agreed to deposit the amount as aforesaid, the appellant's learned Counsel seeks permission to withdraw this appeal. The settlement arrived at between the parties appears to be in the interest of the appellant who is minor. We, therefore, permit the parties to arrive at the settlement as stated above.

(2.) THE amount which the Insurance Company has aggreed to deposit as aforesaid shall be invested by Tribunal in a Fixed Deposit for a period of 63 months in a nationalised Bank. The appellant's guardian shall be at liberty to withdraw interest accruing due thereon periodically. Subject to this direction, the appellant is permitted to withdraw this appeal. Appeal stands disposed of as withdrawn. Notice discharged. No order as to costs.