Dhananjay Gupta v. Bisahuram Kewat And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MAC No. 37 of 2015 {Arising out of order dated 30.11.2012 passed by the learned First Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 75 of 2011} • Dhananjay Gupta, son of Chandrakant Gupta, aged about 30 years, resident of Ward No. 7, near Shyam Talkies, Bazarpara, Kargiroad, Kota, Police Station and Tahsil Kota, District Bilaspur (C.G.) ---- Appellant

Versus

1. Bisahuram Kewat, aged about 30 years, son of late Kartikram Kewat, aged about 30 years, resident of Kotsagar Para, Kota, Police Station and Tahsil Kota, District Bilaspur (C.G.)

2. The Branch Manager, The Oriental Insurance Company Limited, Rama Trade Centre, First Floor, near Bus Stand, in front of Rajeev Plaza, Bilaspur (C.G.)

3. Ramesh Kumar Manikpuri, aged about 35 years, son of Bhagvat Das Manikpuri, resident of Firangipara, Kota, Police Station and Tahsil Kota, District Bilaspur (C.G.) ---- Respondents For Appellant :

Shri Keshav Dewangan and Shri Avinash Chand Sahu, Advocates.

For Respondent No. 1 :

Shri R.K. Jain, Advocate.

For Respondent No. 2 :

Shri Deepak Gupta, Advocate.

For Respondent No. 3 :

None.

Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Judgment on Board Per Parth Prateem Sahu, Judge 07.01.2021 1.

Learned counsel for the Appellant submits that during the pendency of this appeal, parties to appeal have entered into compromise and the amount of compensation to be paid to claimant has been settled outside the Court. In view of the said compromise, he seeks for permission of this Court for withdrawal of this appeal.

2.

Shri R.K. Jain, the learned counsel for Respondent No. 1 submits that he has also filed the cross appeal challenging the impugned award and he is not aware of the said circumstance.

3.

Taking into consideration the submission made by the learned counsel for the Appellant, we permit the Appellant to withdraw this appeal. As it has been brought to the notice of this Court that the parties have entered into compromise the appeal as well as the cross objection stands dismissed, reserving right of the Respondent No. 1 to file appropriate proceeding in case terms of compromise is not fulfilled.

Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Brijmohan