Gujarat High Court
Sunitaben Manubhai Daheda vs Chuniyabhai Raniyabhai Ganava on 14 September, 2024
NEUTRAL CITATION
C/FA/1453/2024 CONCILIATION ORDER DATED: 14/09/2024
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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 14TH DAY OF SEPTEMBER, 2024
CONCILIATORS PRESENT: HONOURABLE MRS. JUSTICE M. K.
THAKKER
AND
CONCILIATOR - MR. HASMUKH
MOHANLAL PARIKH (DESIGNATED
SENIOR ADVOCATE, HIGH COURT OF
GUJARAT)
R/FIRST APPEAL NO. 1453 of 2024
1 SUNITABEN MANUBHAI 2 MINOR NAYNASING
DAHEDA MANUBHAI DAHEDA
HEIRS OF DECD. HEIRS OF DECD.
MANUBHAI GULBABHAI MANUBHAI GULBABHAI
DEHDA? DEHDA?
? ?
RES. AT DEVDHA , SIMEL RES. AT DEVDHA , SIMEL
FALIYA , PO. PANCHWADA , FALIYA , PO. PANCHWADA ,
TA GARBADA TA GARBADA
3 MINOR KALABHAI 4 MINOR ROSHANBHAI
MANUBHAI DAHEDA MANUBHAI DAHEDA
HEIRS OF DECD. HEIRS OF DECD.
MANUBHAI GULBABHAI MANUBHAI GULBABHAI
DEHDA? DEHDA?
? ?
RES. AT DEVDHA , SIMEL RES. AT DEVDHA , SIMEL
FALIYA , PO. PANCHWADA , FALIYA , PO. PANCHWADA ,
TA GARBADA TA GARBADA
5 THAVRIBEN GULBABHAI
DAHEDA
HEIRS OF DECD.
MANUBHAI GULBABHAI
DEHDA?
?
RES. AT DEVDHA , SIMEL
FALIYA , PO. PANCHWADA ,
TA GARBADA
Page 1 of 4
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NEUTRAL CITATION
C/FA/1453/2024 CONCILIATION ORDER DATED: 14/09/2024
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Appellant(s)
VERSUS
1 CHUNIYABHAI RANIYABHAI 2 SUMABHAI JITHRABHAI
GANAVA DEHDHA
AT DEVDHA , TA AT DEVDHA , TA
GARBADA , DIST. DAHOD GARBADA , DIST. DAHOD
3 BHARTI AXA GENERAL
INSURANCE COMPANY LTD.
202, 2ND FLOOR, SINE
PLAZA , AHEAD OF
PASHABHAI PARK, RACE
COURSE , NEAR
NATHUBHAI CIRCLE ,
VADODARA
Defendant(s)
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Appearance:
MR MOHSIN M HAKIM(5396) for the Appellant(s) No. 1,2,3,4,5 MS KIRTI S PATHAK(9966) for the Defendant(s) No. 3 RULE SERVED for the Defendant(s) No. 1,2 ========================================================== CONCILIATION ORDER
1. With the consent of both the parties, this matter was taken up for hearing in Lok Adalat.
2. Learned advocate Mr.Adnan Khan has placed on record settlement pursis, signed by the claimant-respondent no.3, which is reproduced herein below:
"1.The Advocate for the Original Claimants present Appellants, has offered to settle the First Appeal no. 1453 of 2024 which was preferred by the Appellants for enhancement of compensation. The Page 2 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Wed Sep 18 2024 Downloaded on : Wed Sep 18 21:04:19 IST 2024 NEUTRAL CITATION C/FA/1453/2024 CONCILIATION ORDER DATED: 14/09/2024 undefined offer was to settle the dispute by paying an additional compensation of Rs.4,75,000/- (Rupees Four Lac Seventy Five Thousand Only) including interest and cost.
2.The Respondent No. 3, i.e. ICICI Lombard General Insurance Company Limited (Earlier known as Bharti Axa GIC. Ltd.) in the above-mentioned First Appeal, has accepted the above-said offer. The respondent will arrange to deposit Rs. 4,75,000/- (Rupees Four Lac Seventy Five Thousand Only) which also includes interest and cost with motor accident claims tribunal at Dahod, Gujarat within 3 months from the date of receipt of the order.
3.The amount so deposited shall kindly be disbursed to the Appellant after due verification by way of Account Payee Cheque or NEFT.
4.In light of this settlement, it is humbly prayed before this Hon'ble Court to dispose of the captioned matter."
3. The Respondent no.3 ICICI Lombard General Insurance Company Ltd.(earlier knows as Bharti Axa GIC.Ltd.) is directed to deposit the enhanced amount of Rs.4,75,000/- within a period of three months from the date of the receipt of this order, in terms of the settlement.
4. The Registry is directed to refund the court fees paid on the appeal memorandum to the appellant on furnishing the bank details in the teeth of Section 21(1) of the Legal Services Authorities Act, 1987 read with Section 8 of the Suits Valuation Act, 1887, forthwith. Page 3 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Wed Sep 18 2024 Downloaded on : Wed Sep 18 21:04:19 IST 2024
NEUTRAL CITATION C/FA/1453/2024 CONCILIATION ORDER DATED: 14/09/2024 undefined
5. Since the appeal is disposed of, the awarded amount, if any, lying with the Bank in the form of FDRs, lying either with the Tribunal or with the Nazir Branch of the Tribunal/Court, including the enhance amount, that may be deposited by the respondent - Insurance Company, shall be disbursed in favour of the original claimant/s, after due verification and after following proper procedure, by way of an Account Payee Cheque and/or NEFT and/or RTGS. The apportionment of the awarded amount, if any, shall be in the very terms, as ordered by the Tribunal in the original award.
6. In view of above, the present First Appeal is disposed of.
7. Accordingly, Civil Application/s, pending if any, would not survive and is disposed of.
8. Record & proceedings, if any, shall be remitted back to the concerned jurisdictional Tribunal, forthwith.
(M. K. THAKKER,J) CONCILIATOR (HASMUKH MOHANLAL PARIKH, DESIGNATED SENIOR ADVOCATE) CONCILIATOR ARCHANA S. PILLAI Page 4 of 4 Uploaded by MRS. ARCHANA SAJEEVKUMAR PILLAI(HC01899) on Wed Sep 18 2024 Downloaded on : Wed Sep 18 21:04:19 IST 2024