Bajaj Allianz General Insurance Co Ltd v. Vadlathnala Ravindra Reddy And ANR

THE HON'BLE SMT JUSTI CE KONGARA VI JAYA LAKSHMI M.A.C.M.A.No.1 8 8 0 of 2 0 1 2 JUDGMENT:

This appeal is filed by the appellant-Insurance Company challenging the order dated 15.03.2012 in M.V.O.P.No.31 of 2010 passed by the Motor Accident Claims Tribunal-cum-V Additional District Judge, Rayachoty (for short 'the Tribunal'). On 28.06.2012, this Court granted interim stay subject to the condition that the appellant depositing 50% of the decretal amount awarded by the Tribunal together with costs and interest within six weeks from the date of receipt of the order, failing which, the stay stands vacated.

On 18.02.2013, the vacate stay petition was dismissed and the impugned stay granted on 28.06.2012 was made absolute. However, the vacate stay petitioner/ claimant was permitted to withdraw 50% of the deposited amount without furnishing any security and the remaining 50% of the deposited amount by furnishing security.

Learned counsel for the appellant seeks permission of this Court to withdraw the appeal and to that effect, he has filed a letter dated 05.09.2018 in the Registry.

Permission as sought for is accorded.

Accordingly, the appeal is dismissed as withdrawn. In view of the dismissal of the appeal, the appellant is directed to deposit the balance amount awarded by the Tribunal within a period of four weeks from the date of receipt of a copy of this

order. On such deposit, the respondent/ claimant is permitted to withdraw the same without furnishing any security. Miscellaneous petitions, if any, pending shall stand closed. No costs.

___________________________ KONGARA VI JAYA LAKSHMI , J Date: 14.09.2018 ssp