Shankar Gorai vs Shairum Khatoon
2021 Latest Caselaw 1325 Jhar

                  IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                  I.A. No. 6278 of 2016
                                         and
                                  I.A. No. 6279 of 2016
                                         In
                                   M.A. No. 45 of 2015
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Shankar Gorai ...Appellant(s).

Versus

1. Shairum Khatoon

2. Md. Kaisar

3. Mohammad Rumi

4. Mohammad Aftab

5. Mohammad Guddu

6. Rubi Khatoon

7. Sabiha Khatoon

8. Saheba Khatoon

9. Universal Sompo General Insurance Company, Ltd. Express, I.T Park, Mumbai ... Respondent(s)

CORAM : HON'BLE MR. JUSTICE ANANDA SEN.

Through: Video Conferencing

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For the Appellant(s) : Mr. Mahavir Pd. Sinha, Advocate. For the Respondent Nos. 1 to 8: Mr. Mahesh Tewari, Advocate

11/16.03.2021: I.A. No. 6278 of 2016 In view of the submission made by the counsel for the appellant and on the ground assigned herein, this I.A. No. 6278 of 2016 is allowed. Consequently the delay of 413 days in preferring the main appeal is condoned.

I.A. No. 6279 of 2016 Counsel for the appellant seeks permission to withdraw this I.A. in view of the order passed in the main appeal.

I.A. No. 6279 of 2016 is dismissed as withdrawn.

M.A. No. 45 of 2015 Mr. Mahavir Pd. Sinha, learned counsel for the appellant in view of para 15 of the judgment passed in Motor Accident Claim Case No. 237 of 2017 by the Court of District Judge, XII cum M.A.C.T, Dhanbad, dated 20.06.2019 seeks permission to withdraw this appeal.

Prayer is allowed.

Since the insurance company has been saddled with the liability to pay the entire compensation amount, this appeal filed by the owner of the vehicle, is dismissed as withdrawn.

The appellant owner of the vehcile will be at liberty to withdraw the statutory amount deposited before this Court at the time of filing this appeal.

      Rajnish/C.P. 2                                                   (ANANDA SEN, J.)