Amit Kaushik v. ICICI Lombard General Insurance Co Ltd

1. These are applications on behalfofthe appellants for early hearing of the appeal.

2. Mr. Pankaj Gupta, leamed counsel who appears on behalf of Ms.Suman Bagga,leamed counsel for the respondent no. 1/ICICI Lombard General Insurance Co. Ltd., submits that he has no objection to the appeals MAC.APP.699/2016 MAC.APP. 701/2016 Page[1] of[2] 2021:DHC:4498 be taken up for hearing.

3. The applications are allowed and disposed of. MAC.APP.699/2016 MAC.APP.701/2016

1. The appeals are taken up for hearing today, with the consent of learned counsel for the parties.

2. These appeals have been filed by the owner ofthe vehicle in question against the awards of the Motor Accident Claims Tribunal ["MACT"], insofar as the awards permitted recovery of the awarded amount by tb respondent no. 1-insurance company,from the owner.

3. During the pendency of the appeal, this Court passed orders dated 04.11.2016 and 05.12.2016, by which recovery from the appellants was stayed. Although execution proceedings have now been filed by respondent no.1-insurance company against the appellants, Mr.Pankaj Gupta, learned counsel for the insurance company, states that he has instructions that the insurance company does not propose to proceed with execution against the appellants.

4. In view of the aforesaid stand taken on behalf of the insurar^T company, Mr. Jatin Rana, learned counsel for the appellants, seeks withdraw these appeals.

5. The appeals are dismissed as withdrawn recording the statement of leamed counsel as above.

6. The statutory amounts be refunded as per mles. PllATEEK JALXn,J MARCH 16,2021/'j'/s I I I i MAC.APP.699/2016&MAC.APP. 701/2016 Page2of[2] /