Gujarat High Court
Icici Lombard General Insurance Co. Ltd vs Ishakbhai Abdulsalam Kothari on 22 June, 2024
NEUTRAL CITATION
C/FA/2133/2023 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. 2133 of 2023
1 ICICI LOMBARD GENERAL
INSURANCE CO. LTD.
ZODIAC SQUARE, 3RD
FLOOR, OFFICE NOS 7-9,
OPP. GURUDWARA,?
S G ROAD, BODAKDEV,
ABOVE VISHAL MEGAMART
BODAKDEV,?
AHMEDABAD, GUJARAT?
(INSURER OF LUXURY BUS
NO. GJ-06XX-0080)
Appellant(s)
VERSUS
1 ISHAKBHAI ABDULSALAM 2 VALABHAI VIRABHAI
KOTHARI BAMANIYA
OLD MASJID ROAD VADI (DRIVER OF LUXURY BUS
VISTAR, SANTRAMPUR, NO. GJ-06XX-0080)?
DIST. MAHISAGAR AT- UMBER, TAL.
SANTRAMPUR, DIST.
MAHISAGAR
3 SABBIR GADNIBHAI DAUD 4 NARENDRASINH
(OWNER OF LUXURY BUS MADHAVSINH GOHIL
NO. GJ-06XX-0080)? (DRIVER OF TRAILER NO.
AT- TOWER ROAD, GJ-01DT-2271)?
SANTRAMPUR, TAL. AT- NEAR BUS STAND, AT
SANTRAMPUR,? DASHRATH, TAL. AND
DIST. MAHISAGAR DIST. VADODARA
Page 1 of 3
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NEUTRAL CITATION
C/FA/2133/2023 CONCILIATION ORDER DATED: 22/06/2024
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5 HEMANTBHAI G. 6 NEW INDIA ASSURANCE
GILETWALA CO. LTD.
(OWNER OF TRAILER NO. (INSURER OF TRAILER NO.
GJ-01DT-2271)? GJ-01DT-2271)?
AT- 1 - SATYAM GRASS NOTICE TO BE SERVED IF
COURT SOCIETY, NR. ANY AT-?
AVASAR PARTY PLOT, NEW INDIA ASSURANCE
SAMA SAVLI ROAD, CO. LTD.?
VADODARA 5TH FLOOR, POPULAR
HOUSE, ASHRAM ROAD,?
AHMEDABAD, GUJARAT
380009
Defendant(s)
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR.KRUTIK A PARIKH(7268) for the Defendant(s) No. 6
MS NANDINI JOSHI(1210) for the Defendant(s) No. 5
RULE SERVED for the Defendant(s) No. 1,2,3,4
==========================================================
This First Appeal filed under Section 173(1) of the Motor Vehicles Act,
1988, against the judgment and award dated 18.01.2023 passed in M.A.C.P.
No. 94/2020 on the file of Motor Accident Claims Tribunal (Auxi.) & Additional
District Court Mahisagar at Lunawada, 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 the appellant has tendered
Withdrawal Purshis dated 22.06.2024, seeking withdrawal of the
present appeal. The Original Withdrawal Purshis is taken on record.
2. Request of withdrawal is acceded to. The First Appeal stands
disposed of as withdrawn.
NEUTRAL CITATION
C/FA/2133/2023 CONCILIATION ORDER DATED: 22/06/2024
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3. It is made clear that this withdrawal, shall not be treated as
precedent by the either side and will not affect any connected
matter/s or any proceedings pending before any Court or Tribunal.
4. Necessary Court fees, if any, be reimbursed as per sub-section
(1) of Section 21 of the Legal Services Authorities Act, 1987 in
favour of the applicant.
5. Since the Appeal is withdrawn, the claimed amount, if, lying
with the Bank in the form of FDs / Lying with the Tribunal or with the
Nazir Branch of this Court may be disbursed (in case of FDs at the
time of its maturity at the end of term for which it is put in FD), in
favour of the claimant after due verification by way of account
payee cheque.
6. In view of withdrawal of the main First Appeal, all the
connected Civil Applications stand disposed of accordingly.
7. Record & proceedings, if any, shall be remitted back to the
concerned Tribunal forthwith.
(M. R. MENGDEY,J)
CONCILIATOR
(ASIM PANDYA, SENIOR ADVOCATE)
CONCILIATOR
J.N.W / 132
