Gujarat High Court
Reliance General Insurance Company ... vs Gunashekaran S/O Sinnasamy on 22 June, 2024
NEUTRAL CITATION
C/FA/881/2019 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. 881 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 881 of 2019
With
R/FIRST APPEAL NO. 1100 of 2019
1 RELIANCE GENERAL
INSURANCE COMPANY
LIMITED
THROUGH AHMEDABAD
OFFICE, AT. ZOADIAC
AVENUE, 3RD FLOOR, OPP.
MAYORS BUNGALOW,
NAVRANGPURA,
AHMEDABAD?
(INSURER OF TRCUK NO.
KA-1-C2993)
Appellant(s)
VERSUS
1 GUNASHEKARAN S/O 2 THIRUMALAI SAMAY S/O
SINNASAMY KONDUSAMAY
AT. 7, RCC 206-261, SG AT. 7, RCC 206-261, SG
MUTT ROAD, MUTT ROAD,
CHAMARAJPET 560018, CHAMARAJPET 560018,
BANGALORE, KARNATAKA? BANGALORE, KARNATAKA?
? ?
(DRIVE OF TRUCK NO. KA- (DRIVE OF TRUCK NO. KA-
1-C-2993) 1-C-2993)
Page 1 of 4
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NEUTRAL CITATION
C/FA/881/2019 CONCILIATION ORDER DATED: 22/06/2024
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3 BHARAT NAVARLAL BHATT 4 ICICI LOMBARD GENERAL
S/O SINASAMI INSURANCE COMPANY
AT. A DABHIBA PARK ROW LIMITED
HOUSE, CITY LIGHT ROAD, UPPER SIDE OF SASUMA
SURAT, DIST. SURAT HOTEL, NR. RTO, RING
ROAD, SURAT, (INSURER
OF CAR NO. GJ-5-CM-4806)
5 CHETNABEN WD/O 6 KARSHITKUMAR
JITENDRAKUMAR KANTILAL JITENDRAKUMAR JOSHI
JOSHI LH OF JITENDRAKUMAR
LH OF JITENDRAKUMAR JOSHI?
JOSHI? ?
? AT. 1/B, VAIBHA SOCIETY,
AT. 1/B, VAIBHA SOCIETY, TADVADI, RANDER ROAD,
TADVADI, RANDER ROAD, GORAT,NR. NAVYUG
GORAT,NR. NAVYUG COLLEGE, SURAT
COLLEGE, SURAT
7 TITHIBEN JITENDRAKUMAR 8 MANULABEN WD/O
JOSHI KANTILAL TRIBHOVANDAS
LH OF JITENDRAKUMAR JOSHI
JOSHI? LH OF JITENDRAKUMAR
? JOSHI?
AT. 1/B, VAIBHA SOCIETY, ?
TADVADI, RANDER ROAD, AT. 1/B, VAIBHA SOCIETY,
GORAT,NR. NAVYUG TADVADI, RANDER ROAD,
COLLEGE, SURAT GORAT,NR. NAVYUG
COLLEGE, SURAT
9 KANTILAL TRIBHOVANDAS
JOSHI
LH OF JITENDRAKUMAR
JOSHI?
?
AT. 1/B, VAIBHA SOCIETY,
TADVADI, RANDER ROAD,
GORAT,NR. NAVYUG
COLLEGE, SURAT
Defendant(s)
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR CHIRAYU A MEHTA(3256) for the Defendant(s) No. 4
MR MOHSIN M HAKIM(5396) for the Defendant(s) No. 5,6,7,8
MR RUTVIJ M BHATT(2697) for the Defendant(s) No. 3
NEUTRAL CITATION
C/FA/881/2019 CONCILIATION ORDER DATED: 22/06/2024
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==========================================================
This First Appeal filed under Section 173(1) of the Motor
Vehicles Act, 1988, against the judgment and award dated
10.10.2018 passed in M.A.C.P. Nos.141/2010, 23/2015 on the file
of Motor Accident Claims (Auxi) (Ad Hoc) Tapi @ Vyara 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 :
COMMON CONCILIATION ORDER
1. Learned advocate appearing for the appellant, has tendered
the purshis dated 22.06.2024, seeking withdrawal of the present
appeal. Purshis, is directed to be taken on record.
2. Request of withdrawal is acceded to. The First Appeal stands
disposed of as withdrawn.
3. It is made clear that this withdrawal shall not be treated as
precedent and it will not affect any connected matter/s or any
proceedings pending before any Court or Tribunal, in any
manner, including on account of applicability of the principles of
res-judicata.
4. The insurance company shall satisfy the award, if not satisfied
so far, by depositing the award amount within 3 months of the
NEUTRAL CITATION
C/FA/881/2019 CONCILIATION ORDER DATED: 22/06/2024
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receipt of this order. Since the appeal is withdrawn, the award
amount, deposited as aforesaid, or, that lying with the Bank in
the form of FDs / lying either with the Tribunal or with the Nazir
Branch of the Court, may be disbursed in favour of the claimant
after due verification by way of an Account Payee Cheque. The
apportionment of the award amount, shall be in the very terms,
as ordered by the Tribunal in the original award.
5. Court fees, if any, be reimbursed as per sub-section (1) of
Section 21 of the Legal Services Authorities Act, 1987, by an
Account Payee Cheque to the appellant.
6. Record & proceedings, if any, shall be remitted back to the
concerned Tribunal forthwith.
7. In view of the withdrawal of the present First Appeal No.881
of 2019, the Civil Application has become infructuous. Hence, the
present Civil Application stands disposed of as having become
infructuous.
(M. R. MENGDEY,J)
CONCILIATOR
(ASIM PANDYA, SENIOR ADVOCATE)
CONCILIATOR
KUMAR ALOK
