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2025 DAILYLAW 13903 (CHH)

ANKIT KUMAR JAISWAL v. JAGATNARAYAN SINGH

MAC/672/2024 · 2025-07-14

Shri Parth Prateem Sahu

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:32896 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 672 of 2024 1. Ankit Kumar Jaiswal S/o Shivshankar Aged About 22 Years (Wrongly Mentioned As 30 Years), R/o Village- Bhainswar, Police Station And Tahsil- Sonhat, Dist.- Koriya, C.G. (Owner) ... Appellant versus 1. Jagatnarayan Singh S/o Indrapal Singh Aged About 77 Years R/o Village- Stationpara, Ward No. 6, Barbaspur, Tahsil- Manendragarh, Dist. Manendragarh-Bharatpur-Chirmiri, C.G 2. Smt. Geeta Bai W/o Jagatnarayan Singh Aged About 66 Years R/o Village- Stationpara, Ward No. 6, Barbaspur, Tahsil- Manendragarh, Dist. Manendragarh-Bharatpur-Chirmiri, C.G 3. Nitesh Kumar Singh S/o Late Rajeshwar Singh Aged About 10 Years Is Represented Through His Legal Guardian (Grand Parents R/1 And R/2) R/o Village- Stationpara, Ward No. 6, Barbaspur, Tahsil- Manendragarh, Dist. Manendragarh- Bharatpur-Chirmiri, C.G. 4. Ridhima Singh D/o Late Rajeshwar Singh Aged About 4 Years Is Represented Through Her Legal Guardian (Grand Parents R/1 And R/2) R/o Village- Stationpara, Ward No. 6, Barbaspur, Tahsil- Manendragarh, Dist. Manendragarh- Bharatpur-Chirmiri, C.G. 5. Reliance General Insurance Company Limited Through Its Branch Manager, Shop No. 516, 5th Floor, National Corporate 2 Park Commercial Complex, G.E. Road Raipur, Dist.- Raipur, C.G. (Insurance Company) 6. Jaikaran Sahu S/o Ramvilas Sahu Aged About 24 Years R/o Ward No. 14, Bhatiyapara, Bhaiswar, Police Station And Tahsil- Sonhat, Dist. Koriya, C.G. (Driver) ... Respondents For Appelalnt. : Mr. Gyan Prakash Shukla, Advocate For Respondents No.1 to 4 : Mr. Sanjeev Kumar Sahu, Advocate For Respondent No.6 : Ms. Surbhi Yadav, Advocate on behalf of Mr. Hemant Kumar Agrawal, Advocate, Hon'ble Shri Justice Parth Prateem Sahu Order on Board 15/7/2025 1. Heard on I.A. No.3/2025, which is an application for withdrawn of this appeal. 2. Learned counsel for appellant, owner of offending vehicle, would submit that the claimants-respondent Nos.1 to 4 herein have entered into compromise with appellant before the Executing Court and the amount, as agreed between them, has already been paid by appellant. In support of his submission, he has annexed copy of order sheets of the Executing Court including order sheet dated 23.11.2024 in which there is mention of closure of execution proceeding after recording full satisfaction of the claimants. Hence, he prays for withdrawal of this appeal. 3. Learned counsel for respondent No.1 to 4-claimants does not dispute the above submission of learned counsel for appellant. He further submits that in view of compromise 3 arrived at between respondent No.1 to 4 and appellant herein, he does not want to press cross-appeal filed on behalf of respondents No.1 to 4 for enhancement of amount of compensation awarded vide impugned award. 4. In view of above, I.A. No.3/2025 as also oral prayer of learned counsel for respondent No.1 to 4 for withdrawal of cross- appeal, is allowed. 5. This appeal as also cross-appeal are dismissed as withdrawn. Sd/- (Parth Prateem Sahu) Judge roshan/ SYED ROSHAN ZAMIR ALI Digitally signed by SYED ROSHAN ZAMIR ALI