HIGH COURT OF UTTARANKHAND AT NAINITAL RECALL APPLICATION NIL OF 2008 IN A.O. NO. 75/2006 Mukesh Kumar ….. Appellant Vs. National Insurance Company Ltd. and another …Respondents 17.4.2008 Hon’ble Rajesh Tandon, J. Shri Hari Mohan Bhatia, counsel for the applicant and Shri D.S. Patni, counsel for the respondent no. 1 are present. 2. Present application has been filed for recalling of the order dated 25.10.2007. The appellant has filed the appeal for enhancement of amount against the judgment and award dated 17.12.2005 passed by the Motor Accident Claims Tribunal, Pauri Garhwal in M.A.C.P. No. 83 of 2004. The appeal was allowed and the matter has been remanded to the claims tribunal with the following observations:- “15. In view of the aforesaid principle, it will be open for the claimant to examine himself for the 2 future operation and the same shall be considered by the claims tribunal as to what further amount is being necessary in order to satisfy the claim. 16. Subject to the aforesaid, appeal is allowed and remanded to the claims tribunal for deciding on the point of future medical expenses and for passing an appropriate order in the light of the observations made above. No order as to costs.” 3. Counsel for the applicant has filed the application for recalling of the order as well as for not pressing the appeal. In paragraph 2 of the affidavit accompanied with the recall application, it has been stated as under:- “2. That the due to accident in the applicant/appellant was permanently disabled and he filed the claim petition and the learned tribunal awarded the sum of Rs. 2,31,000/- and due change circumstances deponent does not press the present appeal and same may be dismissed as not pressed.” 4. In view of the aforesaid, order dated 25.10.2007 is recalled. Appeal is resorted to its original number. (Rajesh Tandon, J. ) 17.4.2008 Avneet