Patna High Court
ICICI Lombard General Insurance Company LimitedversusRita Paswan
- Decided
- Disposal
- DISMISSED
- Bench
- KHATIM REZA
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
- Motor Vehicles Act — s. 140
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.