Gujarat High Court
Manharba Vikramsinh Zhala vs Sureshkumar Gangadhar Gurjar on 22 June, 2024
NEUTRAL CITATION
C/FA/624/2024 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. 624 of 2024
1 MANHARBA VIKRAMSINH 2 PRADIPSINH @
ZHALA PARAKRAMSINH
LH OF DECD VIKRAMSINH VIKRAMSINH ZALA
JASUBHA ZALA ? LH OF DECD VIKRAMSINH
VILLAGE MOTI KHEDOI TA JASUBHA ZALA ?
ANJAR KACHCHH VILLAGE MOTI KHEDOI TA
ANJAR KACHCHH
3 HARENDRASINH
VIKRAMSINH ZALA
LH OF DECD VIKRAMSINH
JASUBHA ZALA ?
VILLAGE MOTI KHEDOI TA
ANJAR KACHCHH
Appellant(s)
VERSUS
1 SURESHKUMAR 2 KATARIYA TRANSPORT AND
GANGADHAR GURJAR COMPANY
KATARIYA TRANSPORT AND PLOT NO 155 SECTOR 1A
COMPANY PLOT NO 155 2ND FLOOR GANDHIDHAM
SECTOR -1A 2ND FLOOR KACHCHH
GANDHIDHAM KACHCHH
3 BAJAJ ALLIANZ GENERAL 4 JAGATSINH AASUBHA
INS CO LTD JADEJA
OFFICE NO 11 FLOOR 1 VILLAGE MOTI KHEDOI TA
SHRI RAJDIP CO OPERATIVE ANJAR DIST KACHCHH
HOUSING SOC., PLOT NO
15 SECTOR -9A
GANDHIDHAM KACHCHH
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NEUTRAL CITATION
C/FA/624/2024 CONCILIATION ORDER DATED: 22/06/2024
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Defendant(s)
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Appearance:
MR. HEMAL SHAH(6960) for the Appellant(s) No. 1,2,3
MASUMI V NANAVATY(9321) for the Defendant(s) No. 3
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
RULE NOT RECD BACK for the Defendant(s) No. 1,2
==========================================================
This First Appeal filed under Section 173(1) of the Motor Vehicles
Act, 1988, against the judgment and award dated 09.11.2023
passed in M.A.C.P. No.01 of 2015 on the file of Motor Accident
Claims Tribunal (Auxi.3) & 3 rd Additional District Judge at Anjar
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. Ms. Hemal Shah, learned Advocate appearing for appellant
and Mr.Vibhuti Nanavati, learned Advocate appearing for
respondent no. 3 have tendered the Joint Compromise Purshis
and Settlement Purshis respectively.
2. In the Joint Compromise Purshis, the respondent no. 3 i.e.
the Bajaj Allianz General Insurance Company Ltd., has agreed to
pay Rs.7,00,000/-/- inclusive of interest and costs to the original
claimants in full and final settlement. So far as the Settlement
Purshis is concerned, the appellant has offered to settle the
subject First Appeal by accepting the additional compensation.
3. Both, the Joint Compromise Purshis on behalf of
appellants and Bajaj Allianz General Insurance Company Ltd. so
NEUTRAL CITATION
C/FA/624/2024 CONCILIATION ORDER DATED: 22/06/2024
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also the Settlement Purshis are directed to be taken on record.
4. It has been agreed by the respective insurance companies
that the agreed amount shall be deposited with the Tribunal
within a period of three months. Once the amount is deposited,
the appellant/s, i.e. the original claimant/s will be entitled to
withdraw the amount. The amount shall be paid to the
appellants-original claimants by Account Payee Cheque, after
due verification.
5. It is needless to clarify that the settlement is purely based
upon the exceptional facts and circumstances and the same shall
not be treated as precedent or it shall not be referred/used
anywhere in any form or any manner by either side and it shall
not affect any other proceedings or alike proceedings pending
before any Tribunal/Authority or any Court including the High
Court in any manner.
6. In view of the aforementioned Joint Compromise Purshish
so also the Settlement Purshis the appeal stands disposed of.
R&P received, if any, shall be remitted back to the Tribunal
concerned forthwith.
(M. R. MENGDEY,J)
CONCILIATOR
(ASIM PANDYA, SENIOR ADVOCATE)
CONCILIATOR
KUMAR ALOK
