Manoj Kumar Choudhary Son Of Navin ... vs Smt. Keshia Devi Wife Of Sahadeo Turi ...
2025 Latest Caselaw 4567 Jhar

Jharkhand High Court

Manoj Kumar Choudhary Son Of Navin ... vs Smt. Keshia Devi Wife Of Sahadeo Turi ... on 4 April, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                                                                          2025:JHHC:10485


       IN THE HIGH COURT OF JHARKHAND AT RANCHI
                               C.M.P. No. 197 of 2022
                                     ------

Manoj Kumar Choudhary son of Navin Prasad Choudhary, resident of Village and P.O. Barhat. P.S. Barhat, District Banka .... .... .... Petitioner Versus

1. Smt. Keshia Devi wife of Sahadeo Turi resident of Village Sirsia, P.O. Sirsia, P.S. Giridih (M) District Giridh at present at Village Sikardih, P.O. Handadih, P.S. Giridih (M), District Giridih

2. Krishna Mohan Sao son of Sudhir Sah, resident of Village and P.O. Mundichak, P.S. Mundichak, District Bhagalpur (Bihar)

3. The United India Insurance Co. Ltd. Deoghar Branch, At, P.O. & P.S. Deoghar, District Deoghar (Jharkhand) .... .... .... Opposite Parties

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Petitioner : Mr. Arvind Kumar Lall, Advocate For the Opp. Parties : Mr. G.C. Jha, Advocate

Order No.05 / Dated : 04.04.2025 Instant civil miscellaneous petition has been filed by the owner of the vehicle for permission to withdraw the statutory amount deposited at the time of filing of Miscellaneous Appeal No.363 of 2006.

2. It is submitted by the learned counsel that the petitioner is the owner of the vehicle and had preferred appeal against the right of recovery ordered against him. This Court vide judgment dated 13.01.2022 passed in Miscellaneous Appeal No.363 of 2006 has set aside the part of the order by which right of recovery was allowed against the petitioner/owner and the Insurance Company was held liable to pay the compensation amount.

3. In view of the fact that the appeal was allowed and no liability has been cast on the petitioner to pay the compensation amount, therefore, the petitioner is permitted to withdraw the statutory amount deposited at the time of filing of appeal.

Civil Miscellaneous Petition stands disposed of. Interlocutory Application, if any, is disposed of.

(Gautam Kumar Choudhary, J.) Anit