SHIVNATH SAINI AND 4 OTHERS v. MOHD IMRAN AND 4 OTHERS
FAFOD/111/2025 · 2025-10-14
body2025
DailyLaw.ai
[ 2025 DAILYLAW 200912 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 200912 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD FIRST APPEAL FROM ORDER DEFECTIVE No. - 111 of 2025 Court No. - 38 HON'BLE SANDEEP JAIN, J. Order on Civil Misc. Withdrawal Application No.3 of 2025.
1. The instant appeal was filed under Section 173 of M.V. Act by the claimants against impugned judgment and order dated 06.07.2024 passed by Presiding Officer, M.A.C.T., Moradabad in M.A.C. Petition No.189 of 2019 (Shiv Nath Saini and others Vs. Mohammad Imran and others), whereby for the untimely death of Ashok Kumar Saini, compensation of Rs.76,77,124/- along with interest @ 7% was awarded to the claimants which was to be indemnified by the insurance company of the offending truck No.UP21BN8036.
2. Learned counsel for the applicants/appellants submitted that the instant appeal was filed because the tribunal had erroneously awarded a major part of compensation to respondent No.5- Smt. Anjali Saini who was not dependent of the deceased. Since after filing of the appeal, a compromise has been reached between the parties, as such, he does not want to press this appeal.
3. In view of the above facts, the appellants are allowed to withdraw the instant appeal.
4. Accordingly the withdrawal application is allowed and the instant appeal is dismissed as withdrawn.
5. However, the appeal of the insurance company i.e. F.A.F.O. No.2527 of 2024 will survive for decision on merits. October 15, 2025 R.S. Tiwari Versus Counsel for Appellant(s) : Dinesh Mishra, Pranava Kumar Counsel for Respondent(s) :
(Sandeep Jain,J.) Shivnath Saini And 4 Others .....Appellant(s) Mohd Imran And 4 Others .....Respondent(s) Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad