Gujarat High Court
Manishaben Ratilal Chauhan vs Ratilal Raijibhai Chauhan on 9 September, 2023
Bench: Ilesh J. Vora
NEUTRAL CITATION
C/FA/1127/2023 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. 1127 of 2023
1 MANISHABEN RATILAL 2 MINOR MITAL RATILAL
CHAUHAN CHAUHAN
LH OF DECD RAMILABEN THROU APPELLANT NO. 1?
RATILAL CHAUHAN? MANISHABEN RATILAL
RAYPURA? CHAUHAN?
CHHAPARIYAPURA? AS NATURAL GUARDIAN?
TAL DIST VADODARA LH OF DECD RAMILABEN
RATILAL CHAUHAN?
RAYPURA?
CHHAPARIYAPURA?
TAL DIST VADODARA
3 MINOR URVISHA RATILAL
CHAUHAN
THROU APPELLANT NO. 1?
MANISHABEN RATILAL
CHAUHAN?
AS NATURAL GUARDIAN?
LH OF DECD RAMILABEN
RATILAL CHAUHAN?
RAYPURA?
CHHAPARIYAPURA?
TAL DIST VADODARA
Appellant(s)
VERSUS
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C/FA/1127/2023 CONCILIATION ORDER DATED: 09/09/2023
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1 RATILAL RAIJIBHAI 2 BHARATBHAI HARMANBHAI
CHAUHAN CHAUHAN
RAMPURA? RAYPURA?
PO RAYPURA? CHHAPARIYAPURA?
DIST VADODARA TAL DIST VADODARA
3 BAJAJ ALLIANZ GENERAL
INSURANCE CO. LTD.
TURQUOISE BUILDING?
4TH FLOOR?
C G ROAD?
PANCHWATI?
AHMEDABAD
Defendant(s)
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
==========================================================
This First Appeal filed under Section 173(1) of the Motor Vehicles
Act, 1988, against the judgment and award dated 12.11.2021 passed in
M.A.C.P. No. 659 of 2017 on the file of MACT 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
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C/FA/1127/2023 CONCILIATION ORDER DATED: 09/09/2023
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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 12.11.2021 passed in M.A.C.P. No. 659 of
2017 on the file of MACT at Vadodara is hereby modified to the extent
that the appellants herein are entitled to get additional amount of
Rs.6,25,000/- (Rupees Six Lakh Twenty Five 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.
[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
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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
