National Insurance Company Ltd. vs Dashrath And 4 Others
2021 Latest Caselaw 1373 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1818 of 2014
 

 
Appellant :- National Insurance Company Ltd.
 
Respondent :- Dashrath And 4 Others
 
Counsel for Appellant :- S.K. Mehrotra
 

 
Hon'ble Vivek Agarwal,J.

Heard Shri S.K. Mehrotra, learned counsel for the appellant.

Learned counsel for the appellant submits that this appeal has been filed against the award dated 24.3.2014 passed by Motor Accident Claims Tribunal/Additional District Judge (Court No.5), Jaunpur in M.A.C.P. No.122 of 2013 on the sole ground of contributory negligence but as the claimant is the third party, therefore, now the legal position is settled in the light of the law laid down in case of Khenyei VS. New India Assurance Company as reported in AIR 2015 SC 2261 and therefore, he does not want to press this appeal in the light of the judgment of Hon'ble Supreme Court in case of Khenyei (supra).

Accordingly, the appeal is dismissed as not pressed.

Order Date :- 21.1.2021

VS