High CourtsSingle Bench(2021) 02 SHI CK 0277

Bajaj Allianz General Insurance Company vs Shrimati Kamla Devi & Others

High Court Of Himachal Pradesh · Decided on 25 February 2021

HON’BLE JUDGES
Vivek Singh Thakur, J
RESULT
Dismissed
CASE NUMBER
First Appeal Order No. 117 Of 2014

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Judgment

14 paragraphs · 250 words

Vivek Singh Thakur, J

FAO No. 117 of 2014 along with CMP No. 1804 of 2021

1.

Present appeal has been preferred by Insurance Company against award dated 16.1.2014 passed by learned Motor Accident Claims Tribunal-II,

Chamba (MACT) in MAC Petition No. 133 of 2012, titled Kamla Devi Vs. Bajaj Allianz General Insurance Company and others.

2.

Now an application bearing No. 1804 of 2021 has been filed on behalf of appellant under Order 23 Rule 1 CPC, seeking leave of this Court to

withdraw the appeal.

3.

There is no objection on behalf of appearing respondents for allowing the application, permitting the appellant to withdraw the appeal. However, it is

submitted that amount falling in shares of respondents no. 1 and 6 may also be released in their favour after deducting the amount already released to

them vide order dated 26.4.2016.

4.

In view of above, present appeal is dismissed as withdrawn with further direction to the Registry to release the amount falling in shares of

respondents No. 1 and 6, along with up to date interest, after deducting the amount already paid to them, by remitting the same in their bank accounts,

details of which shall be furnished by learned counsel for respondents No. 1 to 6 within seven days to the Registry of this Court. Amount falling in

shares of minor respondents No. 2 to 5 be invested as per rules.

The appeal stands disposed of. Pending application(s), if any, also stands disposed of in aforesaid terms.