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Patna High Court

ICICI Lombard General Insurance Company LimitedversusRita Paswan

Decided
Disposal
DISMISSED

Holding

The appeal was dismissed as infructuous because the final award rendered it irrelevant.

Summary

ICICI Lombard General Insurance Company appealed an interim compensation award dated 18-12-2017 passed under Section 140 of the Motor Vehicles Act by the District Judge-cum-M.A.C.T., Jamui. During the pendency of the appeal, the Motor Accident Claims Tribunal issued a final award on 27-09-2025. The appellant argued that the final award rendered the appeal irrelevant. The Patna High Court held that the appeal had become infructuous and dismissed it. The court also ordered the release of the statutory amount deposited by the insurer.

Issues considered

  • Whether an appeal against an interim compensation award remains maintainable after the Tribunal has passed a final award

Legislation cited

Subjects

  • Motor Vehicles Act
  • Section 140
  • interim compensation
  • appeal
  • infructuous
  • insurance
  • statutory deposit

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.1139 of 2018
                 ======================================================
                 ICICI Lombard General Insurance Company Limited ICICI Lombard House,
                 414 Veer Sawarkar Marg, Prabhadebi, Mumbai, Maharastra, Appeal and
                 Appellant through the Manager Legal/Authorized Signatory/Duly Constituted
                 Attorney, ICICI Lombard General Insurance Company Limited, Uma
                 Complex, Frazer Road, Patna-1.

                                                                         ... ... Appellant/s
                                                 Versus
           1.    Rita Paswan W/o Lt. Dilip Paswan Resident of Village- Ukasi, P.S.- Kande,
                 Dist- Seikhpura, Bihar- 811301.
           2.    Khushi Kumari D/o Lt. Dilip Paswan minor under the guardianship of
                 mother Res. 1, Resident of Village- Ukasi, P.S.- Kande, Dist- Seikhpura,
                 Bihar- 811301.
           3.    Ayush Kumar S/o Lt. Dilip Paswan minor under the guardianship of mother
                 Res. 1, Resident of Village- Ukasi, P.S.- Kande, Dist- Seikhpura, Bihar-
                 811301.
           4.    Abhimanyu Paswan S/o Arjun Paswan Resident of Village- Kurmuri, P.O.-
                 Dhamana, Dist- Seikhpura, 811301.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :     Mr.Durgesh Kumar Singh, Advocate
                 For the Respondent/s   :     Mr.Jnanchandra Bhardwaj, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

4   14-05-2026                 The instant appeal has been preferred against the

                   interim compensation award dated 18.12.2017 passed under

                   Section 140 of the Motor Vehicles Act in Claim Case No.48 of

                   2016 by the learned District Judge-cum-M.A.C.T., Jamui.

                               2. Learned counsel for the appellant submits that

                   during the pendency of the appeal, the learned Tribunal has

                   passed the final award on 27.09.2025 and as such, the present

                   appeal has lost its relevance and has become infructuous.
           Patna High Court MA No.1139 of 2018(4) dt.14-05-2026
                                                       2/2




                                  3. Having regard to the aforesaid submission, the

                     present appeal is dismissed as having become infructuous.

                                  4. Let the statutory amount deposited by the

                     appellant- ICICI Lombard General Insurance Company Limited

                     be released in its favour forthwith.



                                                 (Khatim Reza, J)
shyambihari/-

U


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