Liyakat Ibrahim Khatri vs Arjunsinh Bhailalbhai Rao
2023 Latest Caselaw 6638 Guj

                                                                                    NEUTRAL CITATION




C/FA/1313/2020                               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. 1313 of 2020
   1     LIYAKAT IBRAHIM KHATRI
         A 32 CHANDANI PARK
         KASBATIVAD ANKLESHWAR
         DIST BHARUCH

                                                                   Appellant(s)
                              VERSUS

   1     ARJUNSINH BHAILALBHAI          2    CHINTUBHAI BHIKHUBHAI
         RAO                                 KAYASTH
         KEVADIYA COLONY                     F 102 SARGAM RESIDENCY
         RAJPIPLA DIST NARMADA               VALIYA ROAD KOSAMADI
                                             GIDC ANKLESHWAR DIST
                                             BHARUCH
   3     BAJAJ ALLIANZ GENERAL          4    ALTAF AHEMAD KHATRI
         INSURANCE CO LTD                    A 32 CHANDANI PARK
         4TH FLOOR TURQUOISE                 KASBATIVAD ANKLESHWAR
         BUILDING PANCHVATI                  DIST BHARUCH
         CROSS ROAD C G ROAD
         AHMEDABAD
   5     NEW INDIA ASSURANCE CO
         LTD
         REGIONAL OFFICE
         POPULAR HOUSE ASHRAM
         ROAD AHMEDABAD

                                                                  Defendant(s)
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Appearance:

NISHIT A BHALODI(9597) for the Appellant(s) No. 1

MR UTPAL M PANCHAL(1075) for the Defendant(s) No. 2 MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,4 ==========================================================

NEUTRAL CITATION

C/FA/1313/2020 CONCILIATION ORDER DATED: 09/09/2023

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This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 18.04.2019 passed in M.A.C.P. No. 943 of 2013 on the file of MACT at Ankleshwar 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 18.04.2019 passed in M.A.C.P. No. 943 of 2013 on the file of MACT at Ankleshwar is hereby modified to the extent that the appellants herein are entitled to get additional amount of Rs.8,00,000/- (Rupees Eight 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 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

NEUTRAL CITATION

C/FA/1313/2020 CONCILIATION ORDER DATED: 09/09/2023

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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