NEUTRAL CITATION
C/FA/3671/2021 CONCILIATION ORDER DATED: 09/09/2023
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IN THE HIGH COURT LEGAL SERVICES COMMITTEE, AHMEDABAD
BEFORE THE LOK ADALAT
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ON THIS 9TH DAY OF SEPTEMBER, 2023
CONCILIATORS PRESENT: HONOURABLE MR. JUSTICE ILESH J.
VORA
AND
MR. PRAKASH K JANI (SENIOR
ADVOCATE, HIGH COURT OF GUJARAT)
R/FIRST APPEAL NO. 3671 of 2021
1 MADHUBEN MAGANBHAI 2 GHANSHYAMBHAI
JADAV MAGANBHAI JADAV
L H AND LEGAL L H AND LEGAL
REPRESENTATIVES OF THE REPRESENTATIVES OF THE
DECD. NATVARBHAI DECD. NATVARBHAI
MAGANBHAI JADAV? MAGANBHAI JADAV?
ADD. AT PADRA ADD. AT PADRA
DABHASHA ROAD, NEAR DABHASHA ROAD, NEAR
JUNGLE KHATA NURSERY, JUNGLE KHATA NURSERY,
TA. PADRA, DIST. TA. PADRA, DIST.
VADODARA VADODARA
Appellant(s)
VERSUS
1 NAZIR HUSSAIN GOLMADIN 2 CHAUHAN VIJAYSINH
CHAUHAN CARRYING RAGHUVIRSIN
CORPORATION, GOLDEN SHREEJI COMPOUND,
CHAR RASTA, NH NO. 8, GOLDEN CHAR RASTA, NH
VADODARA NO. 8, VADODARA
3 BHARTI AXA GENERAL
INSURANCE CO. LTD.
2ND FLOOR, SAI PLAZA ,
PASABHAI PARK, NATUBHAI
CIRCLE, RACE COURSE,
VADODARA
Defendant(s)
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2 MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3 Page 1 of 3 Downloaded on : Sat Sep 16 16:40:18 IST 2023 NEUTRAL CITATION C/FA/3671/2021 CONCILIATION ORDER DATED: 09/09/2023 undefined SERVED BY AFFIX(N) for the Defendant(s) No. 1 VATSAL M PARIKH(9340) for the Defendant(s) No. 2 VISMAY V MALKAN(9284) for the Defendant(s) No. 2 ========================================================== This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 31.07.2021 passed in M.A.C.P. No. 820 of 2011 on the file of MACT (Aux) Vadodara partially allowing the claim petition or compensation and seeking enhancement of compensation.
This appeal coming on for conciliation before Lok Adalat, the following order is passed :
CONCILIATION ORDER [1] With consent of the rival parties, matter is taken up for hearing/conciliation in Lok Adalat today.
[2] Learned advocates appearing for the respective parties have placed on record the settlement purshis signed by both the parties and submitted that the matter may be disposed of in view of the settlement arrived at between the parties.
[3] In view of the terms of settlement arrived at between the parties, the judgment and award dated 31.07.2021 passed in M.A.C.P. No. 820 of 2011 on the file of MACT (Aux) Vadodara is hereby modified to the extent that the appellants herein are entitled to get additional amount of Rs.2,90,000/- (Rupees Two lakh Ninety thousand Only), which includes interest and cost, over and above the awarded amount, as agreed by and between the parties, which the respondent- Insurance Company shall deposit with the concerned Tribunal, within a period of three months from the date of receipt of this order.
[4] It is made clear that this withdrawal shall not be treated as precedent by the either side and principles of res judicata will not be made applicable and and it would not affect any connected matter/s or any other Page 2 of 3 Downloaded on : Sat Sep 16 16:40:18 IST 2023 NEUTRAL CITATION C/FA/3671/2021 CONCILIATION ORDER DATED: 09/09/2023 undefined proceeding/s pending before this Court or any other Court or Tribunal.
[5] Registry is directed to refund the court fees paid on the appeal memorandum to the appellant on furnishing the bank details in the teeth of Section 21(1) of the Legal Services Authorities Act, 1987 read with Section 8 of the Suits Valuation Act, 1887, forthwith.
[6] Since the appeal is disposed of, the claim amount, if any, lying with the Bank in the form of FDRs, lying either with the Tribunal or with the Nazir Branch of the Tribunal/Court, including the enhance amount, that may be deposited by the respondent - Insurance Company, shall be disbursed in favour of the original claimant/s, after due verification and after following proper procedure, by way of an Account Payee Cheque and/or NEFT and/or RTGS. The apportionment of the awarded amount, if any, shall be in the very terms, as ordered by the Tribunal in the original award.
[7] In view of above, the present First Appeal is disposed of.
[8] Accordingly, Civil Application/s, pending if any, would not survive and is disposed of.
[9] Record & proceedings, if any, shall be remitted back to the concerned jurisdictional Tribunal, forthwith.
(ILESH J. VORA,J) CONCILIATOR (PRAKASH K JANI, SENIOR ADVOCATE) CONCILIATOR P.S. JOSHI/TAUSIF Page 3 of 3 Downloaded on : Sat Sep 16 16:40:18 IST 2023