Gujarat High Court
National Insurance Company Ltd vs Motibhai Malabhai on 22 June, 2024
NEUTRAL CITATION
C/FA/3961/2017 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. 3961 of 2017
1 NATIONAL INSURANCE
COMPANY LTD.
1, MIDDLETON STREET,
CALCUTTA-71REGIONAL
OFFICE: HASUBHAI
CHAMBERS, NR TOWN
HALL,
ELLISBRIDGEAHMEDABAD
Appellant(s)
VERSUS
1 MOTIBHAI MALABHAI 2 RAMBHABEN
HEIRS OF DECD. KARSHANBHAI
KARSHANBHAI MALABHAI HEIRS OF DECD.
KOLI PATELPOST KHATDI, KARSHANBHAI MALABHAI
TA MULI, DIST KOLI PATELPOST KHATDI,
SURENDRANAGARDELETED TA MULI, DIST
AS PER ORDER BELOW SURENDRANAGAR.
EXH. 45
3 BHAVABHAI KARSHANBHAI 4 MINOR MUNABHAI
HEIRS OF DECD. KARSHANBHAI
KARSHANBHAI MALABHAI HEIRS OF DECD.
KOLI PATELPOST KHATDI, KARSHANBHAI MALABHAI
TA MULI, DIST KOLI PATELPOST KHATDI,
SURENDRANAGAR. TA MULI, DIST
SURENDRANAGARGUARDIA
N IS RAMBHABEN
KARSHANBHAI
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NEUTRAL CITATION
C/FA/3961/2017 CONCILIATION ORDER DATED: 22/06/2024
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5 MINOR BHARATBHAI 6 VIRENDRASINH DADUBHA
KARSHANBHAI POST KHATDI, TA MULI,
HEIRS OF DECD. DIST SURENDRANAGAR..
KARSHANBHAI MALABHAI
KOLI PATELPOST KHATDI,
TA MULI, DIST
SURENDRANAGARGUARDIA
N IS RAMBHABEN
KARSHANBHAI
Defendant(s)
==========================================================
Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
MR KIRTIDEV R DAVE(3267) for the Defendant(s) No. 2,3,4,5
==========================================================
This First Appeal filed under Section 173(1) of the Motor Vehicles Act,
1988, against the judgment and award dated 7.9.2017 passed in M.A.C.P.
No. 112/05 and 820/03 on the file of Motor Accident Claims Tribunal (Auxi.)
Surendranagar, 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 14.06.2014 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
NEUTRAL CITATION
C/FA/3961/2017 CONCILIATION ORDER DATED: 22/06/2024
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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
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 / 39
