UNITED INDIA INSURANCE COMPANY LTD v. Gunjo Devi And Ors
MA/133/2013 · 2025-04-16
Arun Kumar Rai
body2025
DailyLaw.ai
[ 2025 DAILYLAW 2758 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 2758 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 2025:JHHC:11434 )
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THE HIGH COURT OF JHARKHAND AT RANCHI
Misc. Appeal No. 133 of 2013
----- United India Insurance Company Ltd, At Byapar Bhavan, 1st Floor Laljee Hirjee Road, Ranchi, District – Ranchi, Jharkhand
… … … Appellant Versus
1. Gunjo Devi wife of Late Sachit Pal
2. Uma Kumari, daughter of Late Sachit Pal,
3. Ram Pal, son of Late Sachit Pal,
4. Lakshman Pal, son of Late Sachit Pal, All are resident of Village – Basmati, P.S. Amrapara, District – Pakur, Jharkhand
5. Raj Kumar Bhagat, son of Late Banarasi Prasad Bhagat, resident of Village Kushira, P.S. Gopikandar, District - Dumka (owner of Tractor No. JH 04C – 6339)
6. Ranjeet Mandal, son of Ganesh Mandal, resident of Village Harishpur, P.S. Maheshpur, District - Pakur (Driver of Tractor No. JH 04C – 6339)
… … … Respondents
-------
CORAM:HON’BLE MR. JUSTICE ARUN KUMAR RAI ------- For the Appellant
: Mr. Mukesh Kumar Dubey, Advocate For the Respondents
: None ------
Order No. 09/Dated 16th April, 2025
1. Mr. Mukesh Kumar Dubey, learned counsel appearing for the appellant, submitted that the matter with respondent has already been settled in Lok Adalat held on 26.11.2016. It is also pointed out that an execution proceeding was pending before the court of learned P.D.J., Pakur and parties were sent for mediation and ultimately matter was sent for Lok Adala, where they settled the matter.
2. One photocopy of award dated 26.11.2016 of Lok Adalat and Mediation Report dated 26.09.2016 apart from other papers are also placed on record.
3. After perusing the same, it appears that the matter has been settled between the appellant and respondents before Mediation Centre, Pakur and it has been agreed that Rs. 4,25,000/-has to be paid by the appellant to respondent no. 1 and in Lok Adalat held on 26.11.2016 at Civil Court, Pakur, the said amount has already been paid to the respondent no. 1 and in the margin of award dated 26.11.2016, respondent no. 1 has given receiving of cheque for Rs. 4,25,000/-.
( 2025:JHHC:11434 )
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4. In view of the aforesaid development, learned counsel for the appellant submitted that appellant wants to withdraw the instant appeal, but at the same breathe, he submitted that statutory amount i.e. Rs. 25,000/- which has been deposited by the appellant shall be given back to the appellant.
5. In view of the aforesaid submission, the instant appeal is dismissed as withdrawn.
6. Office is directed to return the statutory amount of Rs. 25,000/- to the appellant which has been deposited by the appellant in view of Section 173 of the Motor Vehicles Act, 1988.
(Arun Kumar Rai, J.)
Umesh /Abhishek