Amitabh Ashok Sonar vs Pravinbhai Rajubhai Vala
2023 Latest Caselaw 6623 Guj

                                                                                     NEUTRAL CITATION




   C/X-OBJ/422/2022                                 CONCILIATION ORDER DATED:

                                   09/09/2023                                        undefined



  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/CROSS OBJECTION NO. 422 of 2022
                                     In
                        R/FIRST APPEAL NO. 2068 of 2019


  1     AMITABH ASHOK SONAR
        TAROPA ?
        TAL NADOD ?
        DIST NARMADA

                                                                    Appellant(s)
                                  VERSUS

  1     PRAVINBHAI RAJUBHAI                 2    BHARATBHAI BHAYABHAI
        VALA                                     MAARU
        C/O BHARATBHAI                           C/O BHARATBHAI
        BHAYABHAI MAARU ?                        BHAYABHAI MAARU ?
        PLOT NO 305 ?                            PLOT NO 305 ?
        3RD FLOOR ?                              3RD FLOOR ?
        AABHUSHAN RESIDENCY ?                    AABHUSHAN RESIDENCY ?
        GIDC ANKLESHWAR ?                        GIDC ANKLESHWAR ?
        DIST BHARUCH                             DIST BHARUCH
  3     FUTURE GENERALI INDIA               4    ASHOK AWADHNATH
        INSURANCE CO. LTD.                       PANDYA
        2ND FLOOR?                               445 SAINATH SOC ?
        BALLESHWAR SQUARE?                       GUJARAT HOUSING
        OPP ISCON TEMPLE?                        BOARD ?
        S G HIGHWAY?                             TAL CHIRYASI ?
        AHMEDABAD                                DIST SURAT

                                                                   Defendant(s)
==========================================================

Appearance:

NISHIT A BHALODI(9597) for the Appellant(s) No. 1 for the Defendant(s) No. 1,2,4

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MR GC MAZMUDAR(1193) for the Defendant(s) No. 3 MR HG MAZMUDAR(1194) for the Defendant(s) No. 3 ==========================================================

This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 28.11.2018 passed in M.A.C.P. No. 186 of 2014 on the file of MACT (Aux) Narmada at Rajpipla, 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 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 28.11.2018 passed in M.A.C.P. No. 186 of 2014 on the file of MACT (Aux) Narmada at Rajpipla is hereby modified to the extent that the appellants herein are entitled to get additional amount of Rs.2,00,000/- (Rupees Two Lakh 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 3 months from the date of receipt of this order.

[4] It is made clear that this withdrawal shall not be treated as precedent

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C/X-OBJ/422/2022 CONCILIATION ORDER DATED:

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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 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