Citation : 2024 Latest Caselaw 5228 Guj
Judgement Date : 22 June, 2024
NEUTRAL CITATION
C/FA/1840/2021 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. 1840 of 2021
1 RELIANCE GENERAL
INSURANCE COMPANY
LIMITED
ZODIAC AVENUE 3RD
FLOOR OPP MAYOR
BUNGLOW NAVRANGPURA
AHMEDABAD
Appellant(s)
VERSUS
1 DHARU KHUMCHAND 2 GHANSHYAMSINH
BHURIA RANJISINH SISODIA
KAVAI NAGAR MUNDRA NAVAVAS SUKHPAR TA
ROAD BHUJ? BHUJ ?
VILLAGE TALAVALI JHABUA SHAKTINAGAR DHANSURA
TEHSIL DIST JHABUA MP SABARKANTHA ARAVALI
3 BIPINCHANDRA 4 JAYALAXMI BIPINCHANDRA
MAHIPATRAY MEHTA MEHTA DELETED
KAUSHIK BIPINCHANDRA DELETED
MEHTA SINCE DIED
THROUGH HEIRS?
ODHAVVILA ROW HOUSE
AJYANAGAR BHUJ
KACHCHH
Defendant(s)
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NEUTRAL CITATION
C/FA/1840/2021 CONCILIATION ORDER DATED: 22/06/2024
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
KAMAL J UPADHYAYA(7469) for the Defendant(s) No. 3 MR.ADITYA J PANDYA(6991) for the Defendant(s) No. 3
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This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 25.02.2021 passed in M.A.C.P. No.230/2014 on the file of Motor Accident Claims Tribunal (Main), Kachchh at Bhuj 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 The First Appeal stands disposed of as withdrawn.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
NEUTRAL CITATION
C/FA/1840/2021 CONCILIATION ORDER DATED: 22/06/2024
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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 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
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