National Insurance Co. Ltd vs Abdulhakk Abdul Aziz Chaudhari
2024 Latest Caselaw 882 Guj

Gujarat High Court

National Insurance Co. Ltd vs Abdulhakk Abdul Aziz Chaudhari on 1 February, 2024

Author: Gita Gopi

Bench: Gita Gopi

                                                                                       NEUTRAL CITATION




     C/SCA/1718/2023                                    ORDER DATED: 01/02/2024

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

             R/SPECIAL CIVIL APPLICATION NO. 1718 of 2023

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                         NATIONAL INSURANCE CO. LTD.
                                    Versus
                       ABDULHAKK ABDUL AZIZ CHAUDHARI
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Appearance:
MS LILU K BHAYA(1705) for the Petitioner(s) No. 1
NOTICE SERVED for the Respondent(s) No. 3,4,6
NOTICE UNSERVED for the Respondent(s) No. 1,2
UNSERVED EXPIRED (N) for the Respondent(s) No. 5
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                               Date : 01/02/2024

                                  ORAL ORDER

1. Heard the learned advocates appearing for the

parties.

2. Petition takes an exception to the settlement in

the Lok Adalat, where it is alleged that the

authorized person of the insurance company had no

knowledge about the compromise and such compromise

was allowed in the Lok Adalat in MACP no.45/2015

(old no.812/2000) where the settlement was for an

amount of Rs.15,000/- holding both the insurance

companies to make payment of 50% of the liability.

Review application was filed along with the delay

NEUTRAL CITATION

C/SCA/1718/2023 ORDER DATED: 01/02/2024

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condonation application before the concerned AMCT

but the same came to be rejected.

3. The concerned Tribunal has dealt with in detail in

MACMA no.44 of 2021 with regard to the factum of

compromise purshis not being signed by the officer

of the insurance company and considering the award

being final and binding, had refused to entertain

the delay condonation application.

4. This court does not find any reason to interfere

with the impugned order and further the amount

involved is Rs.15,000/-. Thus, on the ground of

smallness of amount, this court does not find any

reason to entertain the present petition. The

petition accordingly is disposed of.

Notice/Notice of admission is discharged. Interim

relief, if any, shall stand vacated.

5. It is made clear that this order would have no

bearing and/or shall not be considered as

precedent in any of the matters connected to the

NEUTRAL CITATION

C/SCA/1718/2023 ORDER DATED: 01/02/2024

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accident in question vis-a-vis the impugned

judgment and award.

(GITA GOPI,J) Maulik