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Patna High Court

Cholamandalam MS General Insuranc Company Limited.versusPramila Devi

Decided
Disposal
WITHDRAWN

Holding

The appeal is dismissed as withdrawn.

Summary

Cholamandalam MS General Insurance Company appealed against a judgment of the Additional District and Sessions Judge‑III‑cum‑Motor Vehicle Accident Claim Tribunal, Naugachhia, which had awarded what the insurer claimed was excessive compensation to the respondents in Claim Case No. 274 of 2017 (Pramila Devi & Ors v. Samsar Alam & Ors). The insurer sought to have the award set aside and also requested withdrawal of the petition. The appellant’s counsel, Mr. Durgesh Kumar Singh, subsequently prayed for withdrawal of the appeal. The Patna High Court, after hearing the parties, dismissed the appeal as withdrawn and directed that any statutory amount, if payable, be returned. No substantive merits of the compensation issue were addressed as the appeal was withdrawn.

Issues considered

  • Whether the compensation awarded by the Motor Vehicle Accident Claim Tribunal is excessive and should be set aside

Subjects

  • insurance
  • motor vehicle accident
  • compensation
  • appeal
  • withdrawal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Miscellaneous Appeal No.138 of 2022
                 ======================================================
                 Cholamandalam MS General Insuranc Company Limited. Appeal and
                 Appellan Through Authorized Signatory/ Duly Constituted Attorney
                 Cholamandalam MS General Insurance Company Limited. 3rd Floor ID
                 Complex, Boring Canal Road, Patna-1.

                                                                             ... ... Appellant/s
                                                   Versus
           1.    Pramila Devi Wife of Late Rajendra Rabidas Resident of Village-Simra,
                 Purab Tola. P.O. P.S.-Naugachhia, District-Bhagalpur.
           2.    Sanjay Rabidas Son of Late Rajendra Rabidas Resident of Village-Simra,
                 Purab Tola. P.O. P.S.-Naugachhia, District-Bhagalpur.
           3.    Bijay Rabidas Son of Late Rajendra Rabidas Resident of Village-Simra,
                 Purab Tola. P.O. P.S.-Naugachhia, District-Bhagalpur.
           4.    Rahul Rabidas Son of Late Rajendra Rabidas Resident of Village-Simra,
                 Purab Tola. P.O. P.S.-Naugachhia, District-Bhagalpur.
           5.    Sahilya Rabidas Son of Late Rajendra Rabidas Resident of Village-Simra,
                 Purab Tola. P.O. P.S.-Naugachhia, District-Bhagalpur.
           6.    Samsar Alam @ Sameer Alam Son of Md. Firoj Resident of Vilage-Post
                 Laulagan, P.S-Chausa-Madhepura (Owner)

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr.Durgesh Kumar Singh, Advocate
                 For the Respondent/s   :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   06-02-2026                    Heard the parties.

                               2. The present petition has been preferred for the

                   following relief/s:

                                            “against the judgment and Award            dated

                                            17.02.2021 passed by learned Additional

                                            District and Sessions Judge-III-cum-Motor

                                            Vehicle            Accident                Claim

                                            Tribunal,Naugachhia       (hereinafter referred
         Patna High Court MA No.138 of 2022(3) dt.06-02-2026
                                                     2/2




                                           to as the Tribunal) in Claim Case No. 274 of

                                           2017 ‘Pramila Devi & Ors vs. Samsar Alam

                                           & Ors’ by which excessive compensation

                                           has been allowed against the appellant”.

                                 3. Learned counsel for the appellant prays for

                   withdrawal of the petition.

                                4. Accordingly, the appeal is dismissed as withdrawn.

                                5. The statutory amount, if any, has to be returned.




                                                  (Rajiv Roy, J)
Ravi/-

U


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