Gujarat High Court
United India Insurance Company Limited vs Dayabhai Kukabhai Dabhi on 22 June, 2024
NEUTRAL CITATION
C/FA/3938/2017 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. 3938 of 2017
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2017
In R/FIRST APPEAL NO. 3938 of 2017
1 UNITED INDIA INSURANCE
COMPANY LIMITED.
DIVISIONAL OFFICE,
TORAL, JAWAHAR ROAD,
RAJKOT.THROUGH ITS
REGIONAL OFFICE, UNITED
BHAVAN, NEAR INCOM TAX
CHAR RASTA,AHMEDABAD
Appellant(s)
VERSUS
1 DAYABHAI KUKABHAI 2 BHURABHAI BALUBHAI
DABHI MENAK
R/O. BHIMGADH, TAL. R/O. NANI DHREVAD, TAL.
CHOTILA,DIST.SURENDRAN DWARKA, DIST.JAMNAGAR
AGAR
3 NATIONAL INSURANCE 4 JAYSUKHBHAI VIRJIBHAI
COMPANY LTD. JAPADIYA
DHEBARBHAI ROAD, R/O. BHIMGADH, TAL.
RAJKOT CHOTILA,
DIST.SURENDRANAGAR
Defendant(s)
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NEUTRAL CITATION
C/FA/3938/2017 CONCILIATION ORDER DATED: 22/06/2024
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Appearance:
SHARMISHTA A DAVE(8735) for the Appellant(s) No. 1
MR PALAK H THAKKAR(3455) 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 13.06.2017
passed in M.A.C.P. No.318 of 2011 on the file of Motor Accident
Claims Tribunal (Aux.) & 9 th Additional District Judge, Rajkot
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disposed of as withdrawn.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/3938/2017 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.
7. In view of disposal of the present First Appeal, the Civil
Application stands disposed of accordingly.
(M. R. MENGDEY,J)
CONCILIATOR
(ASIM PANDYA, SENIOR ADVOCATE)
CONCILIATOR
KUMAR ALOK
