Ishwarbhai Shivabhai ... vs Rotasing Chetram Sinhag

                                                                                      NEUTRAL CITATION




C/FA/1450/2023                                 CONCILIATION ORDER DATED: 09/09/2023

                                                                                      undefined



  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. 1450 of 2023


   1     ISHWARBHAI SHIVABHAI
         PATANWADIYA THAKOR
         PO TALSAD TALAVAVLU
         FALIYU TA DIST VADODARA

                                                                     Appellant(s)
                                 VERSUS

   1     ROTASING CHETRAM                 2    BAJAJ ALLIANZ GENERAL
         SINHAG                                INSURANCE CO LTD
         A/40 ISHWARNAGAR NEAR                 TURQUOISE BUILDING 4TH
         KALYAN NAGAR TARSALI                  FLOOR CG ROAD
         VADODARA                              PANCHVATI AHMEDABAD
   3     PRAVINBHAI GULABSINH
         SINHAG
         101 SWASTIK CHAMBERS
         INDUSTRIAL TRANSPORT
         OFFICE NR MAKARPURA
         DEPO MAKARPURA
         VADODARA

                                                                    Defendant(s)
==========================================================

Appearance:

NISHIT A BHALODI(9597) for the Appellant(s) No. 1 MS KIRTI S PATHAK for respondent no. 2 RULE NOT RECD BACK for the Defendant(s) No. 1,3 ========================================================== This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 16.07.2021 passed in Page 1 of 3 Downloaded on : Sat Sep 16 16:39:26 IST 2023 NEUTRAL CITATION C/FA/1450/2023 CONCILIATION ORDER DATED: 09/09/2023 undefined M.A.C.P. No. 1045 of 2008 on the file of MACT (aux) at 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 16.07.2021 passed in M.A.C.P. No. 1045 of 2008 on the file of MACT (aux) at Vadodara is hereby modified to the extent that the appellants herein are entitled to get additional amount of Rs.2,50,000/- (Rupees Two Lakh Fifty 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 10 weeks 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 proceeding/s pending before this Court or any other Court or Tribunal.

NEUTRAL CITATION C/FA/1450/2023 CONCILIATION ORDER DATED: 09/09/2023 undefined [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 16:39:26 IST 2023