National Insurance Company Ltd. vs Smt. Hansa Devi And 5 Others
2021 Latest Caselaw 1376 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1816 of 2014
 

 
Appellant :- National Insurance Company Ltd.
 
Respondent :- Smt. Hansa Devi And 5 Others
 
Counsel for Appellant :- S.K. Mehrotra
 
Counsel for Respondent :- Dheeraj Kumar Yadav
 

 
Hon'ble Vivek Agarwal,J.

Heard Shri S.K. Mehrotra, learned counsel for the appellant and Shri Dheeraj Kumar Yadav, learned counsel for respondents.

Learned counsel for the appellant submits that this appeal has been filed against the award dated 31.03.2014 passed by Motor Accident Claims Tribunal/Additional District Judge/Special Judge (E.C. Act), Jaunpur in M.A.C.P. No.133 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 the 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