Reliance General Insurance Co Ltd vs Santoshkumar Muktilal Shah
2024 Latest Caselaw 5231 Guj

Gujarat High Court

Reliance General Insurance Co Ltd vs Santoshkumar Muktilal Shah on 22 June, 2024

                                                                                     NEUTRAL CITATION




C/FA/1879/2019                               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. 1879 of 2019


   1     RELIANCE GENERAL
         INSURANCE CO LTD
         4TH FLOOR AJAY BUNGLOE
         OPP HDFC BANK
         MITHAKHALI SIX ROAD
         NAVRANGPURA
         AHMEDABAD

                                                                   Appellant(s)
                               VERSUS

   1     SANTOSHKUMAR MUKTILAL          2    SUSHILBHAI
         SHAH                                SHASHIKANTBHAI OZA
         BLOCK NO B 393/2 SECTOR             HOUSE NO 13/14
         2/B GANDHINAGAR                     RAMKADA NI CHALI 2
                                             BHILWADA AMRAIWADI
                                             AHMEDABAD
   3     SHASHIKANT GOPALJI OZA
         HOUSE NO 13/14
         RAMKADA NI CHALI 2
         BHILWADA AMRAIWADI
         AHMEDABAD

                                                                  Defendant(s)
==========================================================

Appearance:

MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1 for the Defendant(s) No. 2,3

NEUTRAL CITATION

C/FA/1879/2019 CONCILIATION ORDER DATED: 22/06/2024

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AMIRAJ R BAROT(8575) for the Defendant(s) No. 1 ==========================================================

This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 06.02.2018 passed in M.A.C.P. No.359 of 2011 on the file of Motor Accident Claims Tribunal (Aux.III) at Gandhinagar 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.

NEUTRAL CITATION

C/FA/1879/2019 CONCILIATION ORDER DATED: 22/06/2024

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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