Manoramaben Manilal Shukal vs Solanki Harshadkumar Kantilal
2023 Latest Caselaw 6648 Guj

                                                                                       NEUTRAL CITATION




C/FA/953/2016                                   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. 953 of 2016


   1     MANORAMABEN MANILAL               2    JAGDISHBHAI PRANLAL
         SHUKAL                                 SHUKAL
         HEIR OF DECD. MANILAL                  (DELETED AS PER ORDER
         MANHARLALOPP.                          EXH.51)HEIR OF DECD.
         SWAMINARAYAN MANDIR,                   MANILAL MANHARLAL
         GHOGHAMBA, DIST
         PANCHMAHALS
   3     RAKESHKUMAR
         LABHSHANKAR SHUKAL
         (DELETED AS PER ORDER
         EXH.51)HEIR OF DECD.
         MANILAL MANHARLAL

                                                                      Appellant(s)
                                  VERSUS

   1     SOLANKI HARSHADKUMAR              2    ICICI LOMBARD
         KANTILAL                               GURUKRUPA COMPLEX,
         G L YARD RAILWAY                       GODHRA DIST
         COLONY, GODHRA DIST                    PANCHAMAHAL
         PANCHMAHAL

                                                                     Defendant(s)
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Appearance:

MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3 MR SUNIL B PARIKH(582) for the Defendant(s) No. 2

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NEUTRAL CITATION

C/FA/953/2016 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 05.11.2015 passed in M.A.C.P. No. 588 of 2010 on the file of MACT(Aux.), Panchmahals at Godhra, 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 05.11.2015 passed in M.A.C.P. No. 588 of 2010 on the file of MACT(Aux.), Panchmahals at Godhra, is hereby modified to the extent that the appellants herein are entitled to get additional amount of Rs.3,50,000/- (Rupees Three Lakh Fifty 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 3 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

NEUTRAL CITATION

C/FA/953/2016 CONCILIATION ORDER DATED: 09/09/2023

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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