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Reliance General Insurance Company ... vs Dharu Khumchand Bhuria
2024 Latest Caselaw 5228 Guj

Citation : 2024 Latest Caselaw 5228 Guj
Judgement Date : 22 June, 2024

Gujarat High Court

Reliance General Insurance Company ... vs Dharu Khumchand Bhuria on 22 June, 2024

                                                                                     NEUTRAL CITATION




C/FA/1840/2021                               CONCILIATION ORDER DATED: 22/06/2024

                                                                                     undefined




  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)
==========================================================

NEUTRAL CITATION

C/FA/1840/2021 CONCILIATION ORDER DATED: 22/06/2024

undefined

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

==========================================================

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

undefined

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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