Gitaben Mukeshbhai ... vs Sitaram Bhagabhai Devipujak
2024 Latest Caselaw 5249 Guj

Gujarat High Court

Gitaben Mukeshbhai ... vs Sitaram Bhagabhai Devipujak on 22 June, 2024

                                                                                        NEUTRAL CITATION




C/FA/729/2024                                   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. 729 of 2024


   1     GITABEN MUKESHBHAI                2    PAYAL MUKESHBHAI
         VAGHESHVARI(DEVIPUJAK)                 VAGHESHVARI (DEVIPUJAK)
         MORIMUBARAK TA                         MORIMUBARAK TA
         VIRAMGAM DIST                          VIRAMGAM DIST
         AHMEDABAD                              AHMEDABAD
   3     MINOR SAHEVA                      4    MINOR SUHANIBEN
         MUKESHBHAI                             MUKESHBHAI
         VAGHESHWARI                            VAGHESHVARI (DEVIPUJAK)
         (DEVIPUJAK)                            MORIMUBARAK TA
         MORIMUBARAK TA                         VIRAMGAM DIST
         VIRAMGAM DIST                          AHMEDABAD
         AHMEDABAD

                                                                      Appellant(s)
                                  VERSUS

   1     SITARAM BHAGABHAI                 2    RELIANCE GENERAL
         DEVIPUJAK                              INSURANCE CO LTD
         BADARKHA TA DHOLKA                     ZODIAC AVENUE OPP
         DIST AHMEDABAD                         MAYOR BUNGLOW NR LAW
                                                GARDEN AHMEDABAD
   3     VIKAS TRANSPORT CO                4    NEW INDIA ASSURANCE CO
         OPERATIVE SOCIETY LTD                  LTD
         DHRUVNAGAR SOC.,                       POPULAR HOUSE ASHRAM
         BHARAT SECONDARY                       ROAD NR INCOME TAX
         SCHOOL DANILIMDA                       AHMEDABAD
         AHMEDABAD

                                                                     Defendant(s)


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                                                                                         NEUTRAL CITATION




C/FA/729/2024                                   CONCILIATION ORDER DATED: 22/06/2024

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Appearance:

NISHIT A BHALODI(9597) for the Appellant(s) No. 1,2,3,4 MR RATHIN P RAVAL(5013) for the Defendant(s) No. 2 MS DIMPLE A THAKER(6838) for the Defendant(s) No. 4 RULE UNSERVED for the Defendant(s) No. 1,3 ==========================================================

This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 16.03.2020 passed in M.A.C.P. No. 715/2016 on the file of Motor Accident Claims Tribunal (Auxi.) Kheda at Nadiad, 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 Respondent No.2 - The Reliance General Insurance Co. Ltd. has tendered the Settlement Purshis dated 22.06.2024.

2. In the Settlement Purshis, the Respondent No. 2 - The Reliance General Insurance Co. Ltd., has agreed to pay Rs.

6,00,000/- inclusive of interest and costs to the original claimants in full and final settlement.

3. The Settlement Purshis on behalf of Respondent No.2 is directed to be taken on record.

4. It has been agreed by the insurance company that the agreed amount shall be deposited with the Tribunal within a period of 2 months. Once the amount is deposited, the appellants, i.e. the

NEUTRAL CITATION

C/FA/729/2024 CONCILIATION ORDER DATED: 22/06/2024

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original claimants 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 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 J.N.W DB-III / P3 /3