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Patna High Court

The Branch Manager National Insurance Company LimitedversusRekha Devi,

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn being infructuous.

Summary

The Branch Manager of National Insurance Company appealed against a claim execution case involving the family of the deceased Rajpati Prasad Singh and the owner and driver of a vehicle. The appellant asserted that the dispute had already been settled by compromise, leading to the disposal of Claim Execution Case No. 05 of 2025. The High Court examined whether the appeal remained viable after the settlement. Finding that the matter was now infructuous, the Court dismissed the miscellaneous appeal as withdrawn. It further directed that the statutory amount be refunded to the insurance company.

Issues considered

  • Whether a miscellaneous appeal can be dismissed as withdrawn when the parties have reached a compromise and the underlying case is disposed.
  • Whether the statutory amount is refundable to the insurer after such a compromise.

Subjects

  • insurance
  • claim execution
  • compromise
  • appeal withdrawn
  • statutory refund

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Miscellaneous Appeal No.1077 of 2019
                 ======================================================
                 The Branch Manager National Insurance Company Limited Gurudwara Road,
                 P.O., P.S. and District- Katihar.

                                                                               ... ... Appellant/s
                                                    Versus
           1.    Rekha Devi, Wife of Late Rajpati Prasad Singh @ Rajpati Prasad Das,
                 resident of Village and P.O. - Choundi, P.S. Barsoi, District- Katihar.
           2.    RupaKumari, Daughter of Late Rajpati Prasad Singh @ Rajpati Prasad Das,
                 resident of Village and P.O. - Choundi, P.S. Barsoi, District- Katihar.
           3.    Puspa Kumari, Daughter of Late Rajpati Prasad Singh @ Rajpati Prasad
                 Das, resident of Village and P.O. - Choundi, P.S. Barsoi, District- Katihar.
           4.    Prem Singh, Son of Late Rajpati Prasad Singh @ Rajpati Prasad Das,
                 resident of Village and P.O. - Choundi, P.S. Barsoi, District- Katihar.
           5.    Vivek Kumar, Son of Late Rajpati Prasad Singh @ Rajpati Prasad Das,
                 resident of Village and P.O. - Choundi, P.S. Barsoi, District- Katihar.
           6.    Suresh Singh, Son of DhaniLal Singh, (Owner of Vehicle No. BR11S-1914)
                 Resident of Village- Pindhal, P.O. and P.S. Azamnagar, District- Katihar.
           7.    Santosh Singh, Son of Suresh Singh, (Driver of Vehicle No. BR11S-1914)
                 Resident of Village- Pindhal, P.O. and P.S. Azamnagar, District- Katihar.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :       Mr. Rajesh Kumar Mishra, Adv.
                 For the Respondent/s   :       Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   20-04-2026                    Learned counsel for the appellant submits that the

                   matter has already been settled between the parties and Claim

                   Execution Case No. 05 of 2025 has been disposed of on the

                   basis of compromise between the parties.

                               2. Considering the aforesaid facts, the instant

                   Miscellaneous appeal is dismissed as withdrawn being

                   infructuous.

                               3. The statutory amount may be refunded to the
            Patna High Court MA No.1077 of 2019(4) dt.20-04-2026
                                                        2/2




                      Insurance Company.



                                                  (Khatim Reza, J)
prabhat/-

U


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