NEUTRAL CITATION
C/SCA/6552/2023 ORDER DATED: 02/08/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6552 of 2023
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NATIONAL INSURANCE CO. LTD.
Versus
ABDULHAKK ABDUL AZIZ CHAUDHARI
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Appearance:
MS KRISHNA BHAYA for MS LILU K BHAYA(1705) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2,3,4,5,6
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 02/08/2023
ORAL ORDER
[1] Heard Ms. Krishna Bhaya, learned advocate for the applicant.
[2] MACP no.47/2015 was placed for settlement in the Lok Adalat on 13.7.2019. The Tribunal passed an award for Rs.15,000/- holding both the insurance companies liable to pay 50% compensation. The challenge has been given on the ground that the settlement was on the basis of fraud and though review application was proposed to be preferred along with the delay condonation application being MACMA Page 1 of 3 Downloaded on : Sat Sep 16 23:56:19 IST 2023 NEUTRAL CITATION C/SCA/6552/2023 ORDER DATED: 02/08/2023 undefined (delay condonation) no.45/21, the learned MACT (Aux), Surat at Bardoli rejected the said application on 6.7.2022.
[3] The learned MACT (Aux), Surat at Bardoli in MACMA no.45/21 has in detail dealt with the factum of compromise purshis not being signed by the officer of the insurance company. However, considering the award passed as final and binding, has refused to entertain the delay condonation application. [4] This Court does not find any reason to upset the said impugned order and further the amount involved is only Rs.15,000/- and thus, on the ground of smallness of amount, this Court does not find any reason to interfere in the award passed in the Lok Adalat. The appeal, accordingly, is disposed of. Notice/Notice of admission is discharged. Interim relief, if any, shall stand vacated.
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NEUTRAL CITATION C/SCA/6552/2023 ORDER DATED: 02/08/2023 undefined [5] It is made clear that this order would have no bearing and/or shall not be considered as precedent in any of the matters connected to the accident in question vis-a-vis the impugned judgment and award.
(GITA GOPI,J) Maulik Page 3 of 3 Downloaded on : Sat Sep 16 23:56:19 IST 2023