Gujarat High Court
Kamilaben Wd/O Govindbhai Bakabhai ... vs Pravinbhai Vithhalbhai Rathod on 22 June, 2024
NEUTRAL CITATION
C/FA/1502/2022 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. 1502 of 2022
1 KAMILABEN WD/O 2 MINOR CHETAN
GOVINDBHAI BAKABHAI GOVINDBHAI BARIA
BARIA APPLICANTS NO 2 AND 3
LEGAL HEIRS OF THROU APPLICANTS NO
GOVINDBHAI BAKABHAI 1, ?
BARIA? LEGAL HEIRS OF
RESD AT PATEL FALIYA, GOVINDBHAI BAKABHAI
KHAROD, TAL BARIA?
GHOGHAMBA, DIST RESD AT PATEL FALIYA,
PANCHMAHALS KHAROD, TAL
GHOGHAMBA, DIST
PANCHMAHALS
3 MINOR SRUTIBEN 4 BUNIBEN WD/O BAKABHAI
GOVINDBHAI BARIA RAYSINGBHAI BARIA
APPLICANTS NO 2 AND 3 LEGAL HEIRS OF
THROU APPLICANTS NO GOVINDBHAI BAKABHAI
1, ? BARIA?
LEGAL HEIRS OF RESD AT PATEL FALIYA,
GOVINDBHAI BAKABHAI KHAROD, TAL
BARIA? GHOGHAMBA, DIST
RESD AT PATEL FALIYA, PANCHMAHALS
KHAROD, TAL
GHOGHAMBA, DIST
PANCHMAHALS
Appellant(s)
VERSUS
Page 1 of 3
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NEUTRAL CITATION
C/FA/1502/2022 CONCILIATION ORDER DATED: 22/06/2024
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1 PRAVINBHAI VITHHALBHAI 2 KANJIBHAI VALUBHAI
RATHOD BHARVAD
RESD AT CHARANDAS NO RESD AT AMRAPALI SOC.,
KHANCHO, TA HALOL, DIST VADODARA ROAD, HALOL,
PANCHMAHALS DIST PANCHMAHALS
3 BAJAJ ALLINAZ GENERAL
INSURANCE CO. LTD.
F-11/12, UMESH DARSHAN,
PRABHA ROAD, GODHRA,
DIST PANCHMAHALS
Defendant(s)
==========================================================
Appearance:
MR VA MANSURI(2880) for the Appellant(s) No. 1,2,3,4
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
RULE SERVED for the Defendant(s) No. 1,2
==========================================================
This First Appeal filed under Section 173(1) of the Motor Vehicles Act,
1988, against the judgment and award dated 15.04.2019 passed in M.A.C.P.
No. 117/2015 on the file of MACT (Auxi.) Panchmahals at Godhra 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. Learned Advocate appearing for respondent no. 3 - The Bajaj
Allianz General Insurance Co. Ltd. and learned Advocate for the
Appellant has tendered the Settlement Purshis dated 22.06.2024.
2. In the Settlement Purshis the respondent No. 3 has agreed to
pay Rs. 3,91.082/- in full and final settlement. The Settlement
Purshis is ordered to be taken on record.
NEUTRAL CITATION
C/FA/1502/2022 CONCILIATION ORDER DATED: 22/06/2024
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3. It has been agreed by the insurance company that the agreed
amount shall be deposited with the Tribunal within a period of
eight weeks. Once the amount is deposited, the appellants, i.e. the
original claimants will be entitled to withdraw the amount. The
amount shall be paid to the appellants-original claimants by
Account Payee Cheque, after due verification.
5. It is needless to clarify that the settlement is purely based
upon the exceptional facts and circumstances and the same shall
not be treated as precedent or it shall not be referred/used
anywhere in any form or any manner by either side and it shall not
affect any other proceedings or alike proceedings pending before
any Tribunal/Authority or any Court including the High Court in
any manner.
6. In view of the aforementioned Joint Compromise Purshish so
also the Settlement Purshis the appeal stands disposed of. R&P
received, if any, shall be remitted back to the Tribunal concerned
forthwith.
(M. R. MENGDEY,J)
CONCILIATOR
(ASIM PANDYA, SENIOR ADVOCATE)
CONCILIATOR
J.N.W / 113
