Reliance General Insurance Company Ltd vs Kailashben Bakabhai Raval
2024 Latest Caselaw 5227 Guj

Gujarat High Court

Reliance General Insurance Company Ltd vs Kailashben Bakabhai Raval on 22 June, 2024

                                                                                      NEUTRAL CITATION




C/FA/1838/2021                                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. 1838 of 2021


   1     RELIANCE GENERAL
         INSURANCE COMPANY LTD
         3RD FLOOR ZODIAC
         AVENUE OPP MAYOR
         BUNGLOW NR SBI BANK
         LAW GARDEN
         NAVRANGPURA
         AHMEDABAD

                                                                    Appellant(s)
                                VERSUS

   1     KAILASHBEN BAKABHAI             2    RAVAL GALABHAI VISABHAI
         RAVAL                                THAKOR VAS DHUMASAN
         DHUMASAN TA KADI DIST                TA KADI DIST MAHESANA
         MAHESANA
   3     RAVAL GALABHAI VISABHAI
         THAKOR VAS DHUMASAN
         TAZ KADI DIST MAHESANA

                                                                   Defendant(s)
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Appearance:

MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1 MR AMIT M BAROT(5868) for the Defendant(s) No. 1 NILIMA A BAROT(7358) for the Defendant(s) No. 1 RULE SERVED for the Defendant(s) No. 2,3 ==========================================================

NEUTRAL CITATION

C/FA/1838/2021 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 31.03.2021 passed in M.A.C.P. No.433/2011 on the file of Motor Accident Claims Tribunal (Aux.VI), Mahesana 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 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/1838/2021 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.

(M. R. MENGDEY,J) CONCILIATOR

(ASIM PANDYA, SENIOR ADVOCATE) CONCILIATOR KUMAR ALOK