Gujarat High Court
Jalubai Musa Padyar vs Sureshbhai Laxmanbhai Katara on 9 September, 2023
Bench: Ilesh J. Vora
NEUTRAL CITATION
C/FA/2107/2023 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. 2107 of 2023
1 JALUBAI MUSA PADYAR 2 SAKINABAI IBRAHIM
LEGAL HEIRS AND LEGAL PADYAR
REPRESENTATIVES OF? LEGAL HEIRS AND LEGAL
DECEASED IBRAHIM MUSA REPRESENTATIVES OF?
PADYAR? DECEASED IBRAHIM MUSA
AT MOTI SAMBHRAI TAL PADYAR?
MANDVI DIST KUTCH AT MOTI SAMBHRAI TAL
MANDVI DIST KUTCH
3 MINOR MEVIS IBRAHIM 4 MINOR MUNIR IBRAHIM
PADYAR PADYAR
LEGAL HEIRS AND LEGAL LEGAL HEIRS AND LEGAL
REPRESENTATIVES OF? REPRESENTATIVES OF?
DECEASED IBRAHIM MUSA DECEASED IBRAHIM MUSA
PADYAR? PADYAR?
THROUGH NATURAL THROUGH NATURAL
GUARDIAN? GUARDIAN?
SAKINABAI IBRAHIM SAKINABAI IBRAHIM
PADYAR? PADYAR?
AT MOTI SAMBHRAI TAL AT MOTI SAMBHRAI TAL
MANDVI DIST KUTCH MANDVI DIST KUTCH
Appellant(s)
VERSUS
Page 1 of 4
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NEUTRAL CITATION
C/FA/2107/2023 CONCILIATION ORDER DATED: 09/09/2023
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1 SURESHBHAI LAXMANBHAI 2 AMRUTLAL RAMJI
KATARA SORATHIYA (KAPDI)
AT JESINGPURA? AT BHUMI TRANSPORT?
TAL BHILODA? 3 RAYALI CHAMBER?
DIST SABARKANTHA ANJAR KUTCH
3 ICICI LOMBARD GENERAL
INSURANCE CO. LTD.
AT 3RD FLOOR ZODIAC
SQUARE?
OPP GURUDWARA S G
HIGHWAY?
AHMEDABAD
Defendant(s)
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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3
RULE NOT RECD BACK for the Defendant(s) No. 1,2
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This First Appeal filed under Section 173(1) of the Motor Vehicles
Act, 1988, against the judgment and award dated 18.11.2019 passed in
M.A.C.P. No. 642 of 2010 on the file of MACT (Aux.3) Bhut-Kutch,
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
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C/FA/2107/2023 CONCILIATION ORDER DATED: 09/09/2023
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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 18.11.2019 passed in M.A.C.P. No. 642 of
2010 on the file of MACT (Aux.3) Bhut-Kutch, is hereby modified to the
extent that the appellants herein are entitled to get additional amount of
Rs.2,67,000/- (Rupees Two Lakh Sixty Seven 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 three months
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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C/FA/2107/2023 CONCILIATION ORDER DATED: 09/09/2023
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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
