Court No. - 42
Case :- FIRST APPEAL FROM ORDER No. - 1457 of 2009 Appellant :- The Oriental Insurance Co Ltd Respondent :- Smt. Raj Kumari Singh And Another Counsel for Appellant :- Archana Singh Counsel for Respondent :- A.K. Singh
Hon'ble Dinesh Kumar Singh-I,J.
This First Appeal From Order has been filed against the judgment and order dated 05.02.2009 passed by Motor Accident Claim Tribunal/Additional District Judge, Court No. 12, Allahabad in M.A.C.P. No.282 of 2006 (Smt. Raj Kumari and others vs. Radhey Shyam Kesharwarni and others) awarding compensation to the extent of Rs.3,91,000/- and directing the appellant Insurance Company to pay the same to the claimant within a period of 30 days alongwith interest at the rate of 6% from the date of institution of claim to the date of actual payment.
The appellant i.e. the Oriental Insurance Co. Ltd. through its Divisional Manager, Allahabad has been represented by learned counsel, Sri Parv Agarwal has filed withdrawal application dated 8.9.2018 in which following has been stated.
1. This appeal when instituted had certain arguable issues but during pendency and the subsequent judgments of Apex Court as well as this Court, have covered those issues by deciding matters against the appellant and no more arguable issue is now surviving, hence the appellant finds no reason to continue with this appeal and is giving consent for dismissal of appeal as not pressed.
2. The appellant has moved this application by it free consent and without any coercion/pressure of any kind.
3. The whole decretal amount as awarded has already been deposited with the court below.
4. The amount deposited at the time of filing of appeal, if not already remitted to court below, be remitted forthwith and may be allowed to be withdrawn by respondent.
5. It is respectfully prayed that the appeal may be dismissed as not pressed.
6. The appellant reserves its right to defend on merits any cross appeal/cross objection pending in the above case if filed in future.
None appeared from the side of the respondent.
In view of the above prayer, this appeal is dismissed as not pressed. Let the appeal be consigned on record.
Order Date :- 8.9.2018 AU