Mafatbhai @ Mafabhai Surabhai ... vs Pradeep Transport
2023 Latest Caselaw 2370 Guj

     C/SCA/4515/2023                                 ORDER DATED: 17/03/2023




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 4515 of 2023

==========================================================
              MAFATBHAI @ MAFABHAI SURABHAI BHARVAD
                              Versus
                       PRADEEP TRANSPORT
==========================================================
Appearance:
MR A R DWIVEDI(11319) for the Petitioner(s) No. 1
MS POOJA H HOTCHANDANI(7765) for the Petitioner(s) No. 1
for the Respondent(s) No. 1,2
==========================================================

 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                            Date : 17/03/2023

                             ORAL ORDER

1. The petitioner being aggrieved by the order

dated 30.09.2022 passed below Exhibit-1 in MACMA

No.475 of 2022, is before this Court with prayer to quash

and set aside the said order and for an appropriate

direction to the learned Motor Accident Claim Tribunal

(Main), Anand to disburse the entire amount in

compliance of the order passed on 12.03.2022 in Mega

Lok Adalat in First Appeal No.2219 of 2020.

2. Mr. A.R. Dwivedi, learned advocate for the

petitioner submitted that in spite of a specific order and

C/SCA/4515/2023 ORDER DATED: 17/03/2023

direction of this Court to disburse the amount lying in the

F.D. in favour of the claimants through electronic transfer

after due verification, the learned Tribunal overreaching

the order of this Court had passed an order directing

Nazir to deposit the same for further period of four years

i.e. for total five years with condition that no loan or

advance would be floated to the applicants without prior

permission of the Tribunal.

3. Motor Accident Claim Petition No.640 of 2017

was filed in the Tribunal at Anand and the petition came

to be partly allowed vide judgment and award dated

06.12.2019, wherein the award was passed for Rs.1,

15,753. Aggrieved by the said order, the Insurance

Company filed First Appeal No.2219 of 2020, and in view

of consent terms, the appeal stood disposed of in the

Mega Lok Adalat and the conciliation order dated

12.03.2022 was passed. In para (4) of the conciliation

order, this Court has passed the direction as under:

C/SCA/4515/2023 ORDER DATED: 17/03/2023

"4. Since the Appeal is permitted to be withdrawn, the claimed amount lying with the Bank in the form of FD/lying either with this Court/Tribunal or with the Nazir Branch of the Tribunal may be disbursed in favour of the claimants through electronic transfer after due verification."

4. It is very sad to note that this is the second

order which is brought to the notice of this Court of the

same Tribunal. When there is specific direction of

granting of claimed amount to the claimants in the

conciliation order, the learned Tribunal on its own

directed Nazir to put the amount for further period of

four years. In the Mega Lok Adalat, the terms between

the parties were agreed upon and accordingly the order

was passed, which itself is an award.

5. In view of the above, The petition is allowed.

The order dated 30.09.2022 of Motor Accident Claim

Tribunal (Main), Anand passed in MACMA No.475 of

2022 below Exhibit-1 is quashed and set aside. The

C/SCA/4515/2023 ORDER DATED: 17/03/2023

Tribunal is directed to follow the conciliation order of this

Court dated 12.03.2022 passed in Mega Lok Adalat in

First Appeal No.2219 of 2020, and the total amount lying

in F.D. along with interest accrued on it be disbursed in

favour of the claimants through electronic transfer after

due verification.

(GITA GOPI,J) Pankaj