National Insurance Company Limited Lucknow Thru Reg.Manager Vs Deshraj Verma S/O Kamta Prasad Verma and Ors. — Allahabad HC (2025) — LawSathi Research

National Insurance Company Limited Lucknow Thru Reg.Manager Vs Deshraj Verma S/O Kamta Prasad Verma and Ors. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of as withdrawn/not pressed on the appellant's consent application; whole decretal amount, if not already paid, payable within two months; amount deposited at filing to be remitted to the court below and withdrawable by the respondent; Tribunal record to be remitted forthwith; copy of the order to be transmitted to the learned Tribunal and the claimant.

Issue for consideration

Whether any arguable issue survived in the appeal, given that judgments of the Apex Court and of this Court during pendency had covered the issues originally raised, deciding them against the appellant.

Court's answer

On the authorized representative's application (duly signed consent form treated as part of the order), the appeal stands disposed of as withdrawn/not pressed.

Ratio / Principle

As a term of the disposal (consent application treated as part of the order), the whole decretal amount as awarded, if not already paid, is to be paid within two months.

Key takeaways

As a term of the disposal, the amount deposited at the time of filing of the appeal, if not already remitted, is to be remitted to the court below and may be withdrawn by the respondent.ratio¶¶11

Detailed headnote1 paragraphs

FIRST APPEAL FROM ORDER No. - 3 of 2011 (National Insurance Company Limited, Lucknow v. Deshraj Verma & Ors.), order dated 8.3.2025, signed by Subhash Vidyarthi, J. and Smt. Shikha Srivastava, Adv. at the National Lok Adalat, High Court of Judicature at Allahabad, Lucknow Bench (Neutral Citation No. 2025:AHC-LKO:14279): the insurer's authorized representative, identified by Shri Deepak Kumar Agarwal, Advocate, applied for dismissal of the appeal as withdrawn/not pressed, stating that judgments of the Apex Court and of this Court had covered the appeal's arguable issues against the appellant. The Court treated the duly signed consent form as part of the order and disposed of the appeal as withdrawn/not pressed, directing that the whole decretal amount, if unpaid, be paid within two months, that the deposit made at filing be remitted to the court below and allowed to be withdrawn by the respondent, that the Tribunal's record be remitted forthwith, and that a copy of the order be transmitted to the learned Tribunal and the claimant.

Neutral Citation No. - 2025:AHC-LKO:14279

Before National Lok Adalat, High Court of Judicature at Allahabad, Lucknow Bench

Case :- FIRST APPEAL FROM ORDER No. - 3 of 2011

Appellant :- National Insurance Company Limited Lucknow Thru Reg.Manager Respondent :- Deshraj Verma S/O Kamta Prasad Verma And Ors.

Counsel for Appellant :- Deepak Kumar Agarwal

Hon'ble Subhash Vidyarthi,J.

The authorized representative of Insurance Company Ltd., identified by Shri Deepak Kumar Agarwal, Advocate is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed. Copy of duly signed consent form be treated as part of this order. The contents of application read as under:-

"1. This appeal when instituted had certain arguable issues but during pendency and the subsequent judgments of Apex Court as well as of this Court, have covered those issues by deciding matters against appellant and no more arguable issue is now surviving, hence 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 his/her free consent and without any coercion/ pressure of any kind.

3. The whole decretal amount as awarded if not already paid shall be paid within two months from today.

4. 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 withdrawn/not pressed.

6. This withdrawal shall not affect any right to contest in any other cross appeal arising out of same issue."

In view of above, appeal stands disposed of as withdrawn/not pressed.

The record of Tribunal, if received, shall be remitted forthwith.

Let copy of this order be also transmitted to the learned Tribunal as well as claimant.

(Smt. Shikha Srivastava, Adv.) (Subhash Vidyarthi, J.)

Order Date :- 8.3.2025 Shravan

Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench