Patna High Court
The Branch Manager, ICICI Lombard GIC Ltd.,versusFuliya Devi
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The appeal is dismissed as infructuous.
Summary
The appellant, ICICI Lombard General Insurance Company, filed a miscellaneous appeal against the award dated 13.08.2024 passed by the Additional District Judge‑7 (Motor Accident Claim Tribunal) in claim case no. 18/20, which allowed compensation against it. The appeal sought relief from the tribunal's decision. During the hearing, the appellant’s counsel indicated a desire to withdraw the petition, stating it had become infructuous. The court accepted the withdrawal and dismissed the appeal as infructuous. Consequently, any statutory amount, if payable, must be returned to the insurance company.
Issues considered
- Whether the appeal filed by the insurer can proceed when the appellant seeks to withdraw it as infructuous
Subjects
- insurance
- motor accident claim
- compensation
- appeal
- infructuous
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.261 of 2025
======================================================
The Branch Manager, ICICI Lombard GIC Ltd., At 2nd Floor, Krishna
Bhawan, Dakbanglow Road, Patna, Appeal and Appellant through Authorized
Signatory/Duly Constituted Attorney, ICICI Lombard General Insurance
Company Limited, 2nd Floor, Krishna Bhawan, Above Axis Bank, Near
Dakbanglow Crossing, Patna-1.
... ... Appellant/s
Versus
1. Fuliya Devi Wife of Late Randhir Sahni, Resident of Village- Randaha, P.O.-
Balatarh, P.S.- Rajapakar, District- Vaishali.
2. Devanand Sahni Son of Late Randhir Sahni, Resident of Village- Randaha,
P.O.- Balatarh, P.S.- Rajapakar, District- Vaishali.
3. Mala Kumari Son of Late Randhir Sahni, Resident of Village- Randaha,
P.O.- Balatarh, P.S.- Rajapakar, District- Vaishali.
4. Nitish Kumar Son of Late Randhir Sahni, Resident of Village- Randaha,
P.O.- Balatarh, P.S.- Rajapakar, District- Vaishali.
5. Ram Ashray Sahni Son of Late Randhir Sahni, Resident of Village-
Randaha, P.O.- Balatarh, P.S.- Rajapakar, District- Vaishali.
6. Babni Devi Wife of Ram Ashray Sahni, Resident of Village- Randaha, P.O.-
Balatarh, P.S.- Rajapakar, District- Vaishali.
7. Uday Kumar Singh Son of Baleshwar Singh, Resident of Village and P.O-
Salha, P.S- Jandaha, District- Vaishali. (Owner).
8. Nagendra Rai Son of Raghunandan Rai, Resident of Village and P.O-
Rahimapur, P.S.- Bidupur, District- Vaishali, (Driver).
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Durgesh Kumar Singh, Advocate
For the Respondent/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 08-01-2026 Heard Mr. Durgesh Kumar Singh, learned counsel for
the appellant and the State.
2. The present petition has been preferred for the
following relief/s:
(i) being aggrieved by and dissatisfied with
Patna High Court MA No.261 of 2025(4) dt.08-01-2026
2/2
the Judgment/Award dated 13.08.2024,
passed by Smt. Jyoti Kumari, Additional
District Judge-7- Cum-Motor Accident
Claim Tribunal, Vaishali at Hajipur
(hereinafter referred to as the Tribunal), in
Claim Case no. 18/20 'Fuliya Devi and Ors.
v/s Uday Kumar Singh and Ors.' by which
compensation has been allowed against the
appellant.
3. Learned counsel for the appellant prays for
withdrawal of the petition submitting that it has now become
infructuous.
4. Accordingly, the same is dismissed as infructuous.
5. The statutory amount, if any, has to be returned to
the Company.
(Rajiv Roy, J)
Ravi/-
U
Checking your session…