Govindbhai Haribhai Gareja vs Daudbhai Nurmahmadbhai Noyda
2023 Latest Caselaw 6641 Guj

                                                                                      NEUTRAL CITATION




C/FA/1139/2019                                 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. 1139 of 2019


   1     GOVINDBHAI HARIBHAI
         GAREJA
         RESI AT GALIYAVADA,
         TALUKA AND DISTRICT
         JUNAGADH

                                                                     Appellant(s)
                                 VERSUS

   1     DAUDBHAI                         2    ICICI LOMBARD GENERAL
         NURMAHMADBHAI NOYDA                   INSURANCE CO LTD
         RESI AT SARAGVADA,                    AT MARIGOLD COMPLEX,
         TALUKA AND DISTRICT                   MOTIBAG ROAD,
         JUNAGADH                              JUNAGADH

                                                                    Defendant(s)
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Appearance:

MR.HIREN M MODI(3732) for the Appellant(s) No. 1 MR SUNIL B PARIKH(582) for the Defendant(s) No. 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 29.09.2018 passed in M.A.C.P. No. 308 of 2012 on the file of MACT (Aux), Junagadh partially allowing the claim petition or compensation and seeking enhancement of compensation.

NEUTRAL CITATION

C/FA/1139/2019 CONCILIATION ORDER DATED: 09/09/2023

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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 29.09.2018 passed in M.A.C.P. No. 308 of 2012 on the file of MACT (Aux), Junagadh is hereby modified to the extent that the appellants herein are entitled to get additional amount of Rs.2,90,000/- (Rupees Two Lakhs Ninety 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.

NEUTRAL CITATION

C/FA/1139/2019 CONCILIATION ORDER DATED: 09/09/2023

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[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