Jayaben Yogendrakumar Alias ... vs Marwadi Kalaram Bhikharam Mochi
2023 Latest Caselaw 6660 Guj

                                                                                    NEUTRAL CITATION




C/FA/2131/2022                               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. 2131 of 2022


   1     JAYABEN                        2    VAISHALIBEN
         YOGENDRAKUMAR ALIAS                 YOGENDRAKUMAR ALIAS
         YOGESHKUMAR DAHYALAL                YOGESHKUMAR DAHYALAL
         SENMA RAWAT                         SENMA RAWAT
         LH AND LR OF DECD.                  LH AND LR OF DECD.
         YOGENDRAKUMAR ALIAS                 YOGENDRAKUMAR ALIAS
         YOGESHKUMAR DAHYALAL                YOGESHKUMAR DAHYALAL
         SENMA RAWAT?                        SENMA RAWAT?
         13 C, CANAL ROAD?                   13 C, CANAL ROAD?
         NR LALESHWAR PARK?                  NR LALESHWAR PARK?
         RAJNAGAR SOC?                       RAJNAGAR SOC?
         PATAN DIST PATAN                    PATAN DIST PATAN

                                                                   Appellant(s)
                              VERSUS

   1     MARWADI KALARAM                2    RADHAKISHAN
         BHIKHARAM MOCHI                     RAMARATAN VAISHNAV
         DORDA, TAL                          DORDA, TAL
         JASHWANTPURA?                       JASHWANTPURA?
         VIA BHILMAL DIST JALOR?             VIA BHILMAL DIST JALOR?
         RAJASTHAN                           RAJASTHAN
   3     BAJAJ ALLIANZ GENERAL
         INSURANCE CO LTD
         AT 4TH FLOOR, ?
         TURQUOISE BUILDING, ?
         C.G. ROAD, ?
         PANCHWATI, ?
         AHMEDABAD

                                                                  Defendant(s)



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C/FA/2131/2022                                 CONCILIATION ORDER DATED: 09/09/2023

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Appearance:
NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2
MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3
RULE NOT RECD BACK for the Defendant(s) No. 1,2

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This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 04.12.2019 passed in M.A.C.P. No. 300 of 2015 on the file of MACT (Main) Patan, 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 04.12.2019 passed in M.A.C.P. No. 300 of 2015 on the file of MACT (Main) Patan, is hereby modified to the extent that the appellants herein are entitled to get additional amount of Rs.13,50,000/- (Rupees Thirteen Lakhs Fifty Thousand Only), which

NEUTRAL CITATION

C/FA/2131/2022 CONCILIATION ORDER DATED: 09/09/2023

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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 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.

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C/FA/2131/2022 CONCILIATION ORDER DATED: 09/09/2023

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[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