National Insurance Co. appealed against an award but withdrew the appeal as the issue was settled. The High Court dismissed the appeal as withdrawn, directed payment of the awarded amount, and remitted the record to the Tribunal.
Appeal dismissed as withdrawn; awarded amount to be paid within two months; record remitted to Tribunal.
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Neutral Citation No. - 2023:AHC:233531
Before National Lok Adalat, High Court of Judicature at Allahabad
Court No. - 45
Case :- FIRST APPEAL FROM ORDER No. - 116 of 2001
Appellant :- National Insurance Co. Alld. Respondent :- Mohd. Sharif And Others Counsel for Appellant :- Vivek Kumar Birla,A.C. Nigam Counsel for Respondent :- Satish Chaturvedi
Hon'ble Vipin Chandra Dixit,J.
The present First Appeal From Order has been filed by the appellant Insurance Company challenging the award on various grounds.
The authorized representative of Insurance Company identified by its counsel has filed an application requesting for dismissal of appeal as withdrawn/not pressed, as the issue involved in the present appeal has now been settled by Hon'ble Apex Court as well as by this Court. The withdrawal application is taken on record.
In view of above, appeal stands dismissed as withdrawn/not pressed. The interim order, if any, shall stand vacated.
If the awarded amount has not yet been paid to the claimants, the same shall be paid within two months from today. Any amount deposited including statutory amount paid in this appeal shall be remitted to the Tribunal towards satisfaction of the award or to be returned to the appellant, if the award has already been satisfied.
This withdrawal application shall not affect right to contest, in case there is any Cross Appeal/Cross Objection filed by claimants is pending, as on date, that may be listed before the Court for disposal in accordance with law.
The record of Tribunal, if received, shall be remitted to the Tribunal forthwith.
Let copy of this order be also transmitted to the concerned Tribunal as well as claimants.
Order Date :- 9.12.2023 P.P. (R.S. Chaudhary, Advocate) (Justice V.C. Dixit)
Digitally signed by :- POONAM PATEL High Court of Judicature at Allahabad
National Insurance Co.
Mohd. Sharif
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
