Gujarat High Court
Savitaben Jawansinh Parmar vs Nikulkumar Hasmukhbhai Dhanani on 22 June, 2024
NEUTRAL CITATION
C/FA/1744/2024 CONCILIATION ORDER DATED: 22/06/2024
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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 22ND DAY OF JUNE, 2024
CONCILIATORS PRESENT: HONOURABLE MR. JUSTICE M. R.
MENGDEY
AND
CONCILIATOR - MR.ASIM PANDYA
(SENIOR ADVOCATE, HIGH COURT OF
GUJARAT)
R/FIRST APPEAL NO. 1744 of 2024
1 SAVITABEN JAWANSINH 2 MINOR JANKIBEN
PARMAR JAWANSINH PARMAR
LHS AND LR OF THE THRO SAVITABEN
DECEASED JAWANSINH JAWANTSINH PARMAR.?
RAMESHBHAI PARMAR.? LHS AND LR OF THE
RESI AT SARPANCHVALU DECEASED JAWANSINH
FALIYU, AANJROLI, POST RAMESHBHAI PARMAR.?
SADHELI TAL THASARA, RESI AT SARPANCHVALU
DIST KHEDA FALIYU, AANJROLI, POST
SADHELI TAL THASARA,
DIST KHEDA
3 MINOR VIRUBEN 4 MINOR ANJALIBEN
JAWANSINH PARMAR JAWANSINH PARMAR
THRO SAVITABEN THRO SAVITABEN
JAWANTSINH PARMAR.? JAWANTSINH PARMAR.?
LHS AND LR OF THE LHS AND LR OF THE
DECEASED JAWANSINH DECEASED JAWANSINH
RAMESHBHAI PARMAR.? RAMESHBHAI PARMAR.?
RESI AT SARPANCHVALU RESI AT SARPANCHVALU
FALIYU, AANJROLI, POST FALIYU, AANJROLI, POST
SADHELI TAL THASARA, SADHELI TAL THASARA,
DIST KHEDA DIST KHEDA
5 MINOR JHANVIBEN 6 RAMESHBHAI DESAIBHAI
JAWANSINH PARMAR PARMAR
THRO SAVITABEN THRO SAVITABEN
JAWANTSINH PARMAR.? JAWANTSINH PARMAR.?
LHS AND LR OF THE LHS AND LR OF THE
DECEASED JAWANSINH DECEASED JAWANSINH
RAMESHBHAI PARMAR.? RAMESHBHAI PARMAR.?
RESI AT SARPANCHVALU RESI AT SARPANCHVALU
FALIYU, AANJROLI, POST FALIYU, AANJROLI, POST
SADHELI TAL THASARA, SADHELI TAL THASARA,
DIST KHEDA DIST KHEDA
7 DAHIBEN RAMESHBHAI
Page 1 of 4
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NEUTRAL CITATION
C/FA/1744/2024 CONCILIATION ORDER DATED: 22/06/2024
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PARMAR
THRO SAVITABEN
JAWANTSINH PARMAR.?
LHS AND LR OF THE
DECEASED JAWANSINH
RAMESHBHAI PARMAR.?
RESI AT SARPANCHVALU
FALIYU, AANJROLI, POST
SADHELI TAL THASARA,
DIST KHEDA
Appellant(s)
VERSUS
1 NIKULKUMAR 2 SATISHBHAI DINESHBHAI
HASMUKHBHAI DHANANI DHANANI
AT LALVADAR DIST AMRELI AT MOLIVADI LALAVADAR,
DIST AMRELI
3 BAJAJ ALLIANZ GENERAL
INSURANCE CO. LTD.
AT 2ND FLOOR, NEAR
CENTURY AUTO,
SARDARGUNJ,
MUNICIPALITY ROAD
ANAND
Defendant(s)
==========================================================
Appearance:
MR.HIREN M MODI(3732) for the Appellant(s) No. 1,2,3,4,5,6,7
RULE SERVED for the Defendant(s) No. 1,2,3
==========================================================
This First Appeal filed under Section 173(1) of the Motor
Vehicles Act, 1988, against the judgment and award dated
20.01.2023 passed in M.A.C.P. No.1170 of 2018 on the file of
M.A.C.T. (Main), Kheda at Nadiad 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.
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C/FA/1744/2024 CONCILIATION ORDER DATED: 22/06/2024
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[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 20.01.2023 passed in
M.A.C.P. No.1170 of 2018 on the file of M.A.C.T. (Main), Kheda
at Nadiad is hereby modified to the extent that the appellant
herein is entitled to get additional amount of Rs.6,50,000/-
(Rupees Six Lakh Fifty Thousand Only), which includes interest
and cost, over and above the awarded amount, as agreed by and
between the parties. The amount as agreed by and between the
parties shall be deposited before the M.A.C.P (Main), Kheda at
Nadiad by the Insurance Company within a period of 60 days
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,
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C/FA/1744/2024 CONCILIATION ORDER DATED: 22/06/2024
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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] Learned advocate Ms.Kirti Pathak appears and state that she
has instructions to appear on behalf of respondent-Insurance
Company and she files her Vakalatnama, which is taken on
record.
[8] In view of above, the present First Appeal is disposed of.
[9] Accordingly, Civil Application/s, pending if any, would not
survive and is disposed of.
[10] Record & proceedings, if any, shall be remitted back to the
concerned jurisdictional Tribunal, forthwith.
(M. R. MENGDEY,J)
CONCILIATOR
(ASIM PANDYA, SENIOR ADVOCATE)
CONCILIATOR
GIRISH /155
