The New India Assurance Company Ltd.Thru Manager Vs Smt. Madhu Devi and Ors. — Allahabad HC (2025) — LawSathi Research

The New India Assurance Company Ltd.Thru Manager Vs Smt. Madhu Devi and Ors. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of as withdrawn/not pressed at the instance of the appellant Insurance Company, subject to: payment of the whole decretal amount within two months if not already paid; remittance of the amount deposited at filing to the Court below with withdrawal permitted to the respondent; and the withdrawal not affecting any right to contest any other cross appeal arising out of the same issue.

Issue for consideration

Whether the appeal, in which the appellant states that no arguable issue survives after subsequent Apex Court and this Court's judgments, should be dismissed as withdrawn/not pressed on the appellant's application.

Court's answer

The appeal stands disposed of as withdrawn/not pressed on the application moved by the appellant Insurance Company through its authorized representative.

Ratio / Principle

As part of the disposal, the whole decretal amount, if not already paid, shall be paid within two months.

Key takeaways

The amount deposited at the time of filing of the appeal, if not already remitted, shall be remitted to the Court below forthwith and may be allowed to be withdrawn by the respondent.ratio¶11
The withdrawal shall not affect any right to contest in any other cross appeal arising out of the same issue.ratio¶13
The record of the Tribunal, if received, shall be remitted forthwith.ratio

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (National Lok Adalat; Subhash Vidyarthi, J., with R. K. S. Chauhan, Member) — First Appeal From Order No. 284 of 2016, The New India Assurance Company Ltd. v. Smt. Madhu Devi and Others. The authorized representative of the Insurance Company moved an application stating that judgments of the Apex Court and of this Court had covered the appeal's arguable issues, leaving nothing worth pressing. The appeal was disposed of as withdrawn/not pressed on the following terms: the whole decretal amount, if not already paid, to be paid within two months; the amount deposited at the time of filing of the appeal, if not already remitted, to be remitted forthwith to the Court below and allowed to be withdrawn by the respondent; and the withdrawal not to affect any right to contest any other cross appeal arising out of the same issue. The record of the Tribunal, if received, to be remitted forthwith, and a copy of the order to be transmitted to the learned Tribunal and the claimant.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL FROM ORDER No. - 284 of 2016

The New India Assurance Company Ltd.Thru Manager

anager Smt. Madhu Devi And Ors.	Versus .....Appellant(s) .....Respondent(s)
Counsel for Appellant(s)	: Zafar Aziz
Counsel for Respondent(s)	: Anil Kumar Kushwaha, Vikas Sharma

National Lok Adalat

HON'BLE SUBHASH VIDYARTHI, J.

The authorized representative of Insurance Company, identified by Shri Zafar Aziz, Advocate is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed. 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 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 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.

FAFO No. 284 of 2016

2

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.

(R. K. S. Chauhan, Member) (Subhash Vidyarthi, J.)

September 13, 2025 J. K. Dinkar

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