PREETIBEN Vs. JAGDISH G DESAI

JUDGEMENT

(1.) This complaint has been filed by Preetiben K. Fruitwala, on her behalf and on behalf of her minor son as well as by Smt. Ramanben A. Fruitwala. Preetiben is the wife of the deceased and Ramanben is mother of the deceased.

(2.) Mr. R. H. Mehta, the learned Advocate for the opponent alongwith his client were present on 29.9.1992 and Mr. R. H. Modi, learned Advocate appeared on behalf of the complainants alongwith Mr. R. A. Jariwala, the near relative of the complainants. Both the parties have arrived at a settlement and have given a purshish today to record the compromise. The settlement application (purshish) is signed by the Advocates of both the parties as well as the complainant Preetiben on her behalf and on behalf of her minor son. The purshish is also signed by the opposite party himself. The opposite party has agreed to pay Rs.1,00,000/- (Rupees One lakh only) as ex-gratia payment to the complainants and, therefore, the complainants have agreed to withdraw the complaint. She has specifically stated that she is accepting this amount as full and final settlement of the claim made by the complainants and has prayed that the matter may be disposed of accordingly. It is further agreed that if the opposite party pays the amount within 6 weeks, they have no objection and has prayed that the order may be passed accordingly. Complainant No.2 is not present but the settlement purshish is signed by the Advocate Mr. H. R. Modi who represents all the complainants including the minor.

(3.) We had accepted the compromise but since the widow of the deceased Preetiben Fruitwala was not present we insisted that we will pass the order only after the receipt of the letter from Mrs. Preetiben Fmitwala, widow of the deceased that the compromise purshish which has been produced before us was actually signed by her and she has accepted the compromise, in order to safe-guard the interest of the minor child. We have received such letter dated 7.10.92 by registered post and in which Mrs. Preetiben Fruitwala on her behalf and on behalf of her minor child has specifically stated that the matter has been settled and the necessary compromise was arrived at and has been executed by her as well as the opposite party and has further requested that we may pass necessary orders accepting the compromise executed by her and Dr. Jagdish G. Desai so that she can get the amount from the opposite party.