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Patna High Court

Lakhan Yadav @ Ram Lakhan YadavversusMosmat Shalijehan Khatoon and Ors

Decided
Disposal
WITHDRAWN

Holding

The appeal is withdrawn and the proceedings are disposed of.

Summary

Lakhan Yadav appealed to the Patna High Court against an award of Rs 3,69,500 passed by the Motor Vehicle Claim Tribunal, Nawada, for the death of the respondents' husband/father. The appellant sought permission to withdraw the appeal. The learned counsel, Mr Man Mohan Kumar, submitted that the appeal be allowed to be withdrawn. The Court considered whether a party may withdraw a pending appeal under procedural law. Finding no impediment, the Court ordered the appeal to be treated as withdrawn. Consequently, the proceedings were disposed of without further hearing.

Issues considered

  • Whether the appellant may withdraw the appeal pending before the High Court

Subjects

  • Motor Vehicles Act
  • Claim Tribunal
  • Appeal Withdrawal
  • Compensation for death
  • Patna High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.397 of 2018
                 ======================================================
                 Lakhan Yadav @ Ram Lakhan Yadav S/o Late Ishwari Yadav, R/o Vill.-
                 Mahesh Dih, P.S.- Akbarpur, District- Nawada.

                                                                        ... ... Appellant/s
                                                Versus
           1.    Mosmat Shalijehan Khatoon and Ors W/o Late Md. Israil Ali,
           2.    Nazrool Islam S/o Late Md. Israil Ali,
           3.    Ekwal Hussain S/o Late Md. Israil Ali,
           4.    Akbar Ali S/o Late Md. Israil Ali,
           5.    Guria Parveen D/o Late Md. Israil Ali,
           6.    Ruskar Khatoon D/o Late Md. Israil Ali,
           7.    Tabasbun Parveen D/o Late Md. Israil Ali, Respondent No. 4, 6 and 7 are
                 Minor Under the natural guardianship Respondenty no.1. All R/o Vill.-
                 Farha, P.S.- Akbarpur, District- Nawada.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Man Mohan Kumar, Adv.
                 For the Respondent/s   :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   29-01-2026                  Heard the parties.

                               2. The present application has been preferred:

                                                      against the Judgment and Award
                                            dated 3.4.2017 and 10.10.2017 passed by the
                                            Motor Vehicle Claim Tribunal, Nawada in
                                            M.A.C.T. Case No. 92/2012/14/2015 whereby
                                            and where under the learned Claim Tribunal
                                            has allowed the claim of the Respondents
                                            and has directed the appellant to pay the
                                            amount of Rs. 3,69,500/- for death of the
                                            husband/father of the respondents.
                               3. Mr. Man Mohan Kumar, learned counsel for the
           Patna High Court MA No.397 of 2018(3) dt.29-01-2026
                                                       2/2




                     appellant submits that he may be permitted to withdraw the

                     appeal.

                                  4. Accordingly, the same is disposed of as withdrawn.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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