Sureshbhai Bachubhai Lodhiya vs Nareshbhai Natwarbhai Solanki
2023 Latest Caselaw 6626 Guj

                                                                                    NEUTRAL CITATION




C/FA/4291/2022                               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. 4291 of 2022
   1     SURESHBHAI BACHUBHAI       2 MINOR JANKHANABEN D/O
         LODHIYA                        SURESHBHAI LODHIYA
         L H OF THE MINOR DECD.         APPELLANT BEING MINOR
         DHYEY S/O SURESHBHAI           IS REPRESENTED BY HER
         LODHIYA?                       FATHER AND NATURAL
         R/O. KODINAR , TA.             GUARDIAN THAT IS
         KODINAR , DIST. GIR            APPELLANT NO. 1?
         SOMNATH                        L H OF THE MINOR DECD.
                                        DHYEY S/O SURESHBHAI
                                        LODHIYA?
                                        R/O. KODINAR , TA.
                                        KODINAR , DIST. GIR
                                        SOMNATH

                                                                   Appellant(s)
                               VERSUS

   1     NARESHBHAI NATWARBHAI          2    RAKESHKUMAR
         SOLANKI                             BHISHESWARSINGH PATEL
         R/O. 20/1822,                       R/O. B-1, SHRIJI TENEMENT
         AYODHYANAGAR , GOTRI ,              , GORVA , VADODARA
         VADODARA
   3     INSURER BAJAJ ALLIANZ
         GENERAL INSURANCE CO.
         LTD.
         4TH FLOOR , ATLANTIS
         HERITAGE , B/H ATLANTIS
         HEIGHTS , OPP. SWAGAT
         PETROL PUMP. SARABHAI
         MAIN ROAD , BARODA

                                                                  Defendant(s)
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Appearance:

MR. HEMAL SHAH(6960) for the Appellant(s) No. 1,2

NEUTRAL CITATION

C/FA/4291/2022 CONCILIATION ORDER DATED: 09/09/2023

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MS KIRTI S PATHAK for respondent no. 3 NOTICE SERVED for the Defendant(s) No. 1,2,3 ==========================================================

This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 12.03.2021 passed in M.A.C.P. No.171 of 2018 on the file of MACT (Aux.) at Kodinar, Dist.: Gir Somnath 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 12.03.2021 passed in M.A.C.P. No.171 of 2018 on the file of MACT (Aux.) at Kodinar, Dist.: Gir Somnath is hereby modified to the extent that the appellants herein are entitled to get additional amount of Rs.3,25,000/- (Rupees Three Lakhs 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.

NEUTRAL CITATION

C/FA/4291/2022 CONCILIATION ORDER DATED: 09/09/2023

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[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 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