Iffco-Tokio General Insurance Co Ltd vs Dulesing Jagaliyabhai Rathwa
2024 Latest Caselaw 5230 Guj

Gujarat High Court

Iffco-Tokio General Insurance Co Ltd vs Dulesing Jagaliyabhai Rathwa on 22 June, 2024

                                                                                     NEUTRAL CITATION




C/FA/2147/2011                               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. 2147 of 2011


   1     IFFCO-TOKIO GENERAL
         INSURANCE CO LTD
         45, DRIVE IN ROAD, OPP
         DEV-BHOOMI APPT., NR
         VIJAY CHARRASTA,
         NAVRANGPURA,
         AHMEDABAD.

                                                                   Appellant(s)
                              VERSUS

   1     DULESING JAGALIYABHAI          2    RAMESHBHAI VESTABHAI
         RATHWA                              RATHWA
         R/O AT FERKUVA, PUJARIYA            R/O AT FERKUVA, PUJARIYA
         FALIACHHOTA UDEPUR,                 FALIACHHOTA UDEPUR,
         DIST. VADODARA.                     DIST. VADODARA.
   3     VESTABHAI RATUBHAI
         RATHWA
         R/O AT FERKUVA, PUJARIYA
         FALIACHHOTA UDEPUR,
         DIST. VADODARA.

                                                                  Defendant(s)
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Appearance:

MR KRUNAL R SAKSENA(5915) for the Appellant(s) No. 1 MR MAKBUL I MANSURI(2694) for the Defendant(s) No. 1

RULE SERVED for the Defendant(s) No. 2,3

NEUTRAL CITATION

C/FA/2147/2011 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 17.03.2011 passed in M.A.C.P. No. 1694/2007 on the file of Motor Accident Claims Tribunal (Auxi.) at Fast Track Court No.3, Vadodara, Camp at Chhota Udepur, 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.

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

NEUTRAL CITATION

C/FA/2147/2011 CONCILIATION ORDER DATED: 22/06/2024

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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 /4