CMA-779/2000-M/s Singhvi Motors Vs. Mst. Dakhu Bai & Ors. Judgment dt.24.10.09 1/2 S.B. CIVIL MISC. APPEAL NO.779/2000 M/s Singhvi Motors Vs. Mst. Dakhu Bai & Ors. Date of order : 24th October, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Sajay Mathur for the appellant-owner. Mr. Dilip Kawadia for the respondent-claimants. ------- 1. By the agreement of both the learned counsels, this appeal under Section 173 of MV Act is disposed of in the following terms: 2. Learned counsel for the appellant-owner of the vehicle submits that amount of Rs.50,000/- under the impugned award was already deposited by the appellant under “no fault clause” under Section 140 of the MV Act. Further the cheque of Rs.1,63,000/- given to the respondent-claimants under a compromise entered into between the parties would be encashed if now presented by the claimants for collection to the Bank of the appellant company. Learned counsel for the appellant owner of the vehicle undertakes that the said cheque would be encashed upon presentation. CMA-779/2000-M/s Singhvi Motors Vs. Mst. Dakhu Bai & Ors. Judgment dt.24.10.09 2/2 If the aforesaid cheque which was already given of Rs.1,63,000/-, is available with the respondent-claimants, the same may be presented now for collection by them and if no such cheque is available then fresh cheque may be given by the appellant which would be encashed. Thus with the total payment of Rs.1,63,000/- under the aforesaid compromise plus Rs.50,000/- already deposited by the appellant is paid to the respondent-claimants, the claim of the respondents would stand satisfied and the claimants would not claim anything further under the impugned Award. This is agreed to by learned counsel for the respondent-claimants. 3. This appeal is accordingly disposed of in the aforesaid terms by mutual consent of the parties. No costs. [ DR. VINEET KOTHARI ], J. item No.51 babulal/