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Reliance General Insurance Co Ltd vs Rajiyabibi Lalumiya Malek
2024 Latest Caselaw 5261 Guj

Citation : 2024 Latest Caselaw 5261 Guj
Judgement Date : 22 June, 2024

Gujarat High Court

Reliance General Insurance Co Ltd vs Rajiyabibi Lalumiya Malek on 22 June, 2024

                                                                                     NEUTRAL CITATION




C/FA/2412/2021                               CONCILIATION ORDER DATED: 22/06/2024

                                                                                     undefined




  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. 2412 of 2021


   1     RELIANCE GENERAL
         INSURANCE CO LTD
         1ST FLOOR, ZODIAC
         AVENUE, OPP MAYOR
         BUNGLOWS, LAW GARDEN,
         AHMEDABAD

                                                                   Appellant(s)
                              VERSUS

   1     RAJIYABIBI LALUMIYA            2    MOINBHAI LALUMIYA
         MALEK                               MALEK
         LEGAL HEIRS OF DECD.                LEGAL HEIRS OF DECD.
         LALUMIYA KASAMMIYA                  LALUMIYA KASAMMIYA
         MALEK?                              MALEK?
         RES AT PARABIYA, TAL                RES AT PARABIYA, TAL
         BALASINOR, DIST KHEDA               BALASINOR, DIST KHEDA
   3     RUBINABANU LALUMIYA            4    ASHIKBHAI LALUMIYA
         MALEK                               MALEK
         LEGAL HEIRS OF DECD.                LEGAL HEIRS OF DECD.
         LALUMIYA KASAMMIYA                  LALUMIYA KASAMMIYA
         MALEK?                              MALEK?
         RES AT PARABIYA, TAL                RES AT PARABIYA, TAL
         BALASINOR, DIST KHEDA               BALASINOR, DIST KHEDA
   5     HALIMABIBI KASAMMIYA           6    SUGRAM KANTIBHAI
         MALEK                               CHHARA
         LEGAL HEIRS OF DECD.                RES AT PRICOLONY,
         LALUMIYA KASAMMIYA                  CHHARANAGAR,
         MALEK?                              KRISHNANAGAR,


                               Page 1 of 3

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                                                                                           NEUTRAL CITATION




C/FA/2412/2021                                    CONCILIATION ORDER DATED: 22/06/2024

                                                                                          undefined




          RES AT PARABIYA, TAL                    AHMEDABAD
          BALASINOR, DIST KHEDA
     7    SUMITRABEN PAVANSINH               8    DILIP BUILDCON LTD.
          BAKALIYA                                OFFICE AT TIMBA, TAL.
          RES AT C/O 248,                         GODHRA, DIST
          LAKSHMINAGAR,                           PANCHMAHALS
          SIMTODIYAFALIYU, DAHOD,
          DIST PANCHMAHALS
     9    ORIENTAL INSURANCE CO.
          LTD.
          4TH FLOOR, TRIMURTI
          COMPLEX, STATION ROAD,
          NADIAD?
          NOTICE SERVED AT 3RD
          FLOOR, NAVJEEVAN TRUST
          BUILDING, B/G GUJARAT
          VIDYAPEETH ASHRAM
          ROAD, AHMEDABAD

                                                                       Defendant(s)
==========================================================

Appearance:

MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1 NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3,4,5 RULE SERVED for the Defendant(s) No. 7,9 RULE UNSERVED for the Defendant(s) No. 6,8 ==========================================================

This First Appeal filed under Section 173(1) of the Motor Vehicles Act, 1988, against the judgment and award dated 18.02.2021 passed in M.A.C.P. No. 1249/2016 on the file of learned 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 the appellant has tendered Withdrawal Purshis dated 22.06.2024, seeking withdrawal of the

NEUTRAL CITATION

C/FA/2412/2021 CONCILIATION ORDER DATED: 22/06/2024

undefined

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 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

 
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