Patna High Court
Cholamandalam MS General Insuranc Company Limited.versusPramila Devi
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
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The appeal is dismissed as withdrawn.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 The Patna High Court, after hearing the parties, dismissed the appeal as withdrawn and directed that any statutory amount, if payable, be returned. No substantive merits of the compensation issue were addressed as the appeal was withdrawn.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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