The National Insurance Co.Ltd vs Madhuben Atulbhai Pethadiya

Citation : 2023 Latest Caselaw 6665 Guj
Judgement Date : 9 September, 2023

Gujarat High Court
The National Insurance Co.Ltd vs Madhuben Atulbhai Pethadiya on 9 September, 2023
Bench: Ilesh J. Vora
                                                                                    NEUTRAL CITATION




C/FA/1331/2020                               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. 1331 of 2020
   1     THE NATIONAL INSURANCE CO.LTD.
         1, MIDDLETON STREET, CALCUTTA-
         71, AND HAVING ITS REGIONAL
         OFFICE AT HASUBHAI CHAMBERS,
         NEAR TOWN HALL, AHMEDABAD
         380006
                                                                   Appellant(s)
                              VERSUS
   1     MADHUBEN ATULBHAI              2    MINOR KISHAN ATULBHAI
         PETHADIYA                           PETHADIYA
         LEGAL HEIRS OF THE                  LEGAL HEIRS OF THE
         CECEASED ATULBHAI                   CECEASED ATULBHAI
         PARSHOTAMBHAI                       PARSHOTAMBHAI
         PETHADIYA?                          PETHADIYA?
         MADHAPAR, TAL. LALPUR?              MADHAPAR, TAL. LALPUR?
         DISTRICT JAMNAGAR                   DISTRICT JAMNAGAR
   3     KASTURIBEN                     4    PARSHOTAMBHAI ARJANBHAI
         PARSHOTAMBHAI PETHADIYA             PETHADIYA
         LEGAL HEIRS OF THE                  LEGAL HEIRS OF THE
         CECEASED ATULBHAI                   CECEASED ATULBHAI
         PARSHOTAMBHAI                       PARSHOTAMBHAI
         PETHADIYA?                          PETHADIYA?
         MADHAPAR, TAL. LALPUR?              MADHAPAR, TAL. LALPUR?
         DISTRICT JAMNAGAR                   DISTRICT JAMNAGAR
   5     PRAVINBHAI MOHANBHAI           6    BIPINBHAI VALLABHAI
         AKBARI                              CHANGANI
         RESIDING AT                         RESIDING AT 6
         KRISHNANAGAR?                       KRISHNANAGAR?
         BESIDE POLICE STATION,              PRAVINDADHI'S VADI,?
         DHORAJI ROAD, KALAVAD,              JAMNAGAR
         DISTRICT JAMNAGAR
   7     ICICI LOMBARD GENERAL
         INSURANCE CO. LTD.
         DR YAGNIK ROAD,?
         RAJKOT

                                                                  Defendant(s)




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                                                                                     NEUTRAL CITATION




C/FA/1331/2020                               CONCILIATION ORDER DATED: 09/09/2023

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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
MR TANMAY B KARIA(6833) for the Defendant(s) No. 7
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1,2,3,4
NOTICE SERVED for the Defendant(s) No. 5
NOTICE UNSERVED for the Defendant(s) No. 6
==========================================================

This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 20.09.2019 passed in M.A.C.P. No. 1290 of 2014.

This appeal coming on for conciliation before Lok Adalat, the following order is passed :

CONCILIATION ORDER The matter is taken up for hearing in Lok Adalat. Learned advocate appearing for the appellant has tendered withdrawal pursis dated 05.09.2023 seeking withdrawal of the present appeal. The withdrawal pursis is taken on record.

In view of the above, the present First Appeal stands disposed of as withdrawn. It is made clear that this withdrawal shall not be treated as precedent by the either side and it will not affect any connected matter(s) or any other procedings pending before any other Court or Tribunal.

Necessary Court fees, if any, be reimbursed as per Section 21(1) of the Legal Services Authorities Act, 1987, through an electronic mode to the appellant, if any, lying with the Bank in the form of FDRs either with the Tribunal or with the Nazir Branch of the Tribunal/Court, be disbursed in favour of the original claimant/s after due verification and after following proper procedure, by way of an Account Payee Page 2 of 3 Downloaded on : Sat Sep 16 16:39:23 IST 2023 NEUTRAL CITATION C/FA/1331/2020 CONCILIATION ORDER DATED: 09/09/2023 undefined Cheque and/or RTGS and/or NEFT. The apportionment of the awarded amount, if any, shall be in the very terms, as ordered by the Tribunal in the original award.

Record and proceedings, if any, shall be remitted back to the concerned Tribunal forthwith.

(ILESH J. VORA,J) CONCILIATOR (PRAKASH K JANI, SENIOR ADVOCATE) CONCILIATOR MANOJ Page 3 of 3 Downloaded on : Sat Sep 16 16:39:23 IST 2023