Gujarat High Court
United India Insurance Company Limited vs Keshubhai Dulabhai Kantariya on 22 June, 2024
NEUTRAL CITATION
C/FA/611/2018 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. 611 of 2018
1 UNITED INDIA INSURANCE
COMPANY LIMITED.
KAVERI CORPORATION,
NAVAPARA, BHAVNAGAR
Appellant(s)
VERSUS
1 KESHUBHAI DULABHAI 2 MAKABHAI LAKHABHAI
KANTARIYA GOHIL
RESIDING AT : VILLAGE RESIDING AT : VILLAGE
SURKA;TAL- LAKHANKA, TAL-
DIST.BHAVNAGAR DIST.BHAVNAGAR
3 HARIBHAI ODHABHAI
CHAUHAN
RESIDING AT : VILLAGE
LAKHANKA, TAL-
DIST.BHAVNAGAR
Defendant(s)
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Appearance:
SHARMISHTA A DAVE(8735) for the Appellant(s) No. 1
UNSERVED EXPIRED (N) for the Defendant(s) No. 2
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NEUTRAL CITATION
C/FA/611/2018 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 04.03.2017
passed in M.A.C.P. No.1303 of 2000 on the file of Motor Accident
Claims Tribunal (Aux.) at Bhavnagar 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disposed of as withdrawn.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.
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 Since the appeal is withdrawn, the award
NEUTRAL CITATION
C/FA/611/2018 CONCILIATION ORDER DATED: 22/06/2024
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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
