Dhaval Haresh Maheshwari His ... vs Makwana Dilipbhai Nathubhai
2023 Latest Caselaw 6668 Guj

                                                                                     NEUTRAL CITATION




C/FA/3988/2018                                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. 3988 of 2018


   1     DHAVAL HARESH
         MAHESHWARI HIS
         NATURAL GUARDIAN AND
         MOTHER HEERBHAI
         HARESH MAHESHWARI
         THROUGH NATURAL
         GUARDIAN AND MOTHER
         HEERBHAI HARESHBHAI
         MAHESHWARI ?
         40 SAPNA NAGAR
         GANDHIDHAM KACHCHH

                                                                    Appellant(s)
                               VERSUS

   1     MAKWANA DILIPBHAI               2    ISMAIL DAUDJATT
         NATHUBHAI                            VILLAGE ZURA TA BHUJ
         MASKA TA MANDVI                      KACHCHH
         KACHCHH
   3     ICICI LOMBARD GENERAL           4    RELIANCE GENERAL
         INSURANCE COMPNAY LTD                INSURANCE CO LTD
         205, 2ND FLOOR GOLDEN                BBZ SOUTH 41, 1ST FOOR
         PALZA PLOT NO 308 WARD               WARD 12/B MAIN BAZAAR
         12/B GANDHIDHAM                      ABOVE SHIKARPURI SWEET
         KACHCHH                              MART GANDHIDHAM
                                              KACHCHH

                                                                   Defendant(s)
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Appearance:

MR. HEMAL SHAH(6960) for the Appellant(s) No. 1 DS AFF.NOT FILED (N) for the Defendant(s) No. 1,2

NEUTRAL CITATION

C/FA/3988/2018 CONCILIATION ORDER DATED: 09/09/2023

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MR SUNIL B PARIKH(582) for the Defendant(s) No. 3 MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 4 ==========================================================

This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 24.11.2017 passed in M.A.C.P. No. 145 of 2015 on the file of MACT (Aux) at Gandhidham - Kachchh 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 24.11.2017 passed in M.A.C.P. No. 145 of 2015 on the file of MACT (Aux) at Gandhidham - Kachchh is hereby modified to the extent that the appellants herein are entitled to get additional amount of Rs.1,10,000/- (Rupees One Lakh Ten 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.

NEUTRAL CITATION

C/FA/3988/2018 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