National Insurance Co. Ltd vs Abdulhakk Abdul Aziz Chaudhari
2023 Latest Caselaw 5557 Guj

                                                                                   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

NEUTRAL CITATION

C/SCA/6552/2023 ORDER DATED: 02/08/2023

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(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.

NEUTRAL CITATION

C/SCA/6552/2023 ORDER DATED: 02/08/2023

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[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