National Insurance Comp. Ltd. through Its Manager Vs Smt. Rekha Upadhyaya and 3 Ors. — Allahabad HC (2025) — LawSathi Research

National Insurance Comp. Ltd. through Its Manager Vs Smt. Rekha Upadhyaya and 3 Ors. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed of as withdrawn/not pressed at the appellant's request; appellant to pay the whole decretal amount within two months if not already paid; appeal deposit, if not already remitted to the Court below, to be remitted forthwith and be withdrawable by the respondent; Tribunal record (if received) to be remitted forthwith; copy of the order to be transmitted to the Tribunal and the claimant.

Issue for consideration

Whether the pending first appeal should be dismissed as withdrawn / not pressed at the instance of the appellant during the National Lok Adalat.

Court's answer

Accepting the appellant's withdrawal application, the Court disposed of First Appeal From Order No. - 355 of 2008 as withdrawn / not pressed.

Ratio / Principle

On the terms of the appellant's application on which the disposal rests, the whole decretal amount, if not already paid, shall be paid within two months.

Key takeaways

On the terms of the appellant's application on which the disposal rests, the amount deposited at the time of filing of the appeal, if not already remitted to the Court below, is to be remitted forthwith and may be withdrawn by the respondent.ratio¶13
The record of the Tribunal, if received, shall be remitted forthwith.ratio¶19
A copy of the order is to be transmitted to the learned Tribunal as well as to the claimant.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), National Lok Adalat: FIRST APPEAL FROM ORDER No. - 355 of 2008 — National Insurance Comp. Ltd. Through Its Manager (appellant) v. Smt. Rekha Upadhyaya And 3 Ors. (respondents); Coram: Hon'ble Brij Raj Singh, J.; dated September 13, 2025. The appellant insurer's authorized representative (identified by Adv. Ram Prakash Tripathi) applied for dismissal of the appeal as withdrawn/not pressed, recording free consent and stating that issues arguable when the appeal was instituted had since been covered against the appellant by subsequent judgments of the Apex Court and of this Court. The Court disposed of the appeal as withdrawn/not pressed, with the recorded terms that the whole decretal amount, if not already paid, be paid within two months; that any appeal-time deposit not already remitted to the Court below be remitted forthwith and be withdrawable by the respondent; that the Tribunal record, if received, be remitted forthwith; and that a copy of the order be transmitted to the learned Tribunal and the claimant. The application also records that the withdrawal shall not affect any right to contest any other cross appeal arising out of the same issue. No statute or named precedent is cited in the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL FROM ORDER No. - 355 of 2008

National Insurance Comp. Ltd. Through Its Manager

.....Appellant(s)

Versus

Smt. Rekha Upadhyaya And 3 Ors. .....Respondent(s) Counsel for Appellant(s) : Rajesh Nath, Ram Prakash Tripathi Counsel for Respondent(s) : Aditya Tewari

National Lok Adalat

HON'BLE BRIJ RAJ SINGH, J.

The authorized representative of Insurance Company, identified by Shri Ram Prakash Tripathi, 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. 355 of 2008

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.

(Smt. Shikha Srivastava, Adv.) (Brij Raj Singh, J.)

September 13, 2025 Shravan

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