New India Assurance Co.Ltd.Thru S.K.Srivastava Ast.Manager Vs Smt.Girja Devi and 7 Others — Allahabad HC (2025) — LawSathi Research

New India Assurance Co.Ltd.Thru S.K.Srivastava Ast.Manager Vs Smt.Girja Devi and 7 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal dismissed as withdrawn/not pressed on the insurer's application; decretal amount (if unpaid) to be paid within two months; deposit remitted to the Court below and withdrawable by the respondent; Tribunal record remitted; copy of order sent to the Tribunal and the claimant; withdrawal without prejudice to contesting any other cross appeal arising out of the same issue.

Issue for consideration

Whether the appeal should be dismissed as withdrawn/not pressed on the application of the appellant (New India Assurance Co. Ltd.).

Court's answer

The appeal stands dismissed as withdrawn/not pressed.

Ratio / Principle

The duly signed consent form filed by the appellant is treated as part of the order.

Key takeaways

Per the consent terms forming part of the order, the whole decretal amount as awarded, if not already paid, shall be paid within two months.ratio¶¶13
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at the time of filing of the appeal, if not already remitted to the Court below, is to be remitted forthwith and may be withdrawn by the respondent.ratio¶¶14
The record of the Tribunal, if received, shall be remitted forthwith.ratio

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Saurabh Lavania, J., with R.K.S. Chauhan, Member Adv.), National Lok Adalat, December 13, 2025 — First Appeal From Order No. 375 of 2007, New India Assurance Co. Ltd. v. Smt. Girja Devi & 7 others: On the insurance company's application through its authorized representative, stating that the arguable issues in the appeal stood covered by subsequent judgments of the Apex Court and of the High Court against the appellant, the appeal was dismissed as withdrawn/not pressed. The duly signed consent form was treated as part of the order; the whole decretal amount, if not already paid, was to be paid within two months; the amount deposited at the time of filing, if not already remitted, was to be remitted forthwith to the Court below and made withdrawable by the respondent; the Tribunal record was to be remitted and a copy of the order transmitted to the learned Tribunal and the claimant. The withdrawal was expressly not to affect any right to contest any other cross appeal arising out of the same issue.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

FIRST APPEAL FROM ORDER No. - 375 of 2007

New India Assurance Co.Ltd.Thru S.K.Srivastava Ast.Manager

.....Appellant(s)

Versus

Smt.Girja Devi And 7 Others

	.....Resp	ondent(s)
Counsel for Appellant(s)	: T.J.S. Makkar, Anurag Singh
Counsel for Respondent(s)	: Pushp Raj Singh, Rajesh Trivedi, Ahmad Ansari	Shakeel

National Lok Adalat

HON'BLE SAURABH LAVANIA, J.

The authorized representative of Insurance Company, identified by Shri Ashish Kumar Srivastava, Advocate is present and filed his Vakalatnama which is taken on record 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.

The appellant has moved this application by his/her free consent and without any coercion/ pressure of any kind.

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

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.

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 dismissed 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.

(R.K.S. Chauhan, Member Adv.) (Saurabh Lavania, J. )

December 13, 2025 ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench