The New India Assurance Co. Ltd. Thr. The Divsnl Manager v. N. Chandru S/O Ramalu Naik And ORS

HIGH COURT LEGAL SERVICES SUB-COMMITTEE, NAGPUR BENCH, NAGPUR.

BEFORE THE NATIONAL LOK ADALAT.

FIRST APPEAL NO.1059/2011 New India Assurance Co. Ltd -VERSUSN. Chandru and others Counsel for the Appellant - Ms. S.H. Bhatia, for the appellant.

O R D E R.

Dated 09-12-2023.

Appellant-New India Assurance Company with its Advocate are present. Learned Advocate submitted that in view of the landmark judgment in the case of National Insurance Company Limited Vs. Pranay Sethi, reported in (2017) 16 SCC 680 , the appellant does not want to proceed with the appeal and they accepted the findings given in the judgment and award passed by the learned Tribunal. Accordingly, the learned Advocate for the appellant filed Pursis before the Panel and thereby requested to permit it to withdraw the appeal.

2.

In view of the Pursis, the appeal is disposed of as withdrawn, as under. Stay order, if any, is vacated. 3.

The respondent nos. 1 and 2/ original claimants are permitted to withdraw the amount of compensation, if any, lying in the Court.

4.

Court fee, be refunded to the appellant as per rules.

5.

The appellant/Insurance Company is at liberty to recover the compensation amount paid to the owner of the Vehicle/ respondent no.3 as per the order of the Tribunal. 6.

Appeal is disposed of as withdrawn.

MEMBER MEMBER HON'BLE SHRI JUSTICE (Vinay Dhabe) (Ashok Matte) (Abhay J. Mantri) Advocate Retd. D.J.

*Deshmukh