Bajaj Allianz General Insurance Company vs Usha Devi & Another

Sandeep Sharma, J

CMP No.7512 of 2021

By way of instant application filed under Order 23 Rule 1 read with Section 151 CPC, leave of this Court has been sought by the applicant/appellant

for withdrawal of the appeal. Learned counsel representing the non-applicants/respondents shall have no objection in case the prayer made in the

instant application is allowed.

Consequently, in view of the above, the present application is allowed and applicant/appellant is permitted to withdraw the present appeal. The

application stands disposed of.

FAO No.4045 of 2013

Though, vide appeal at hand challenge has been laid to award dated 22.3.2013, passed by Motor Accident Claims Tribunal, Mandi, H.P., whereby

learned Tribunal below while holding respondents/claimants entitled to compensation to the tune of Rs. 1,00,000/- alongwith 7.5% interest from the

date of petition till realization, saddled the appellant - Insurance Company with the liability to pay the aforesaid compensation amount, but now on

account of changed circumstances, appellant-Insurance Company does not wish to continue the appeal at hand as such, prayer has been made for

withdrawal of the appeal. Accordingly, in view of the above, the present appeal is dismissed as withdrawn alongwith pending applications, if any.

Mr. Aman Sood, learned counsel representing the appellant fairly states that amount deposited at the time of the admission of the appeal in terms of

the award passed by the learned court below can be ordered to be released in favour of the claimants/respondents and as such, Registry is directed to

release the compensation amount in favour of the claimants/respondents, strictly as per their shares, by remitting the same in their saving bank

accounts, details whereof shall be furnished within a period of ten days by learned counsel representing the respondents/claimants, subject to

verification by the Accounts Branch.