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Judgment
IN this complaint the prayer was that Rs. 10,00,000/- be awarded for the loss of life of deceased Asif Ali who is said to have been electrocuted due to alleged negligence and deficiency of opposite party. Mr. M.H. Khan has been heard on behalf of the complainant. Mr. Isar Husain has appeared for the opposite party. He has moved an application dated 21.11.2002, four paragraphs of which are quoted below for ready reference : "1. That the complainants have filed an affidavit before the Executive Engineer (Cess Area) stating therein the complainants are no more interested to press the complaint filed before the State Commission, Lucknow as the opposite party has given assurance to pay compensation in accordance with law.
THAT it is also mentioned in the affidavit dated 29th June, 1999 the deponent has moved an application for withdrawal of Case No. 138 of 1996 on 24.5.1999. That an undertaking to withdraw the case has been given by the complainant.
That the amount of Rs. 10,000/- has been sent to the complainant through cheque considering expiry of date of cheque by Registered Post." Mr. Khan, however, said that the complainant Himayat Ali has not informed him about having received the said cheque of Rs. 10,000/- as is stated to have been paid to him. Prima facie, however, there is no reason to dispute the statement made by Mr. Isar Husain on behalf of the Electricity Board that the said sum has been paid to the complainant and that the complainant does not want to press this complaint any more. Leaving it open for the complainant to approach this Commission afresh by an application, in the event of the said amount of Rs. 10,000/- having not paid to him so far, the complaint is dismissed as having become infructuous. Let copy as per rules be made available to the parties. Complaint dismissed.