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Patna High Court

The Oriental Insurance Company Regional Office Through Sri Niraj KumarversusArti Devi and Ors

Decided
Disposal
WITHDRAWN

Holding

The appeal is withdrawn and the proceedings are disposed of accordingly.

Summary

The Oriental Insurance Company filed a Miscellaneous Appeal (No. 267 of 2017) before the Patna High Court challenging a judgment dated 30 September 2016 of the Additional District Judge, 8th Motor Accident Claims Tribunal, Patna, in claim case No. 54 of 2015. The appellant sought relief against the tribunal's decision in a motor accident claim involving several respondents. During the hearing on 22 January 2026, counsel for the appellant informed the court that the dispute had been resolved between the parties and that the appeal could be withdrawn. The court accepted the request and disposed of the appeal as withdrawn. It further directed that any statutory amount, if applicable, be returned.

Issues considered

  • Whether an appeal filed before the High Court can be withdrawn after the parties have resolved the dispute

Subjects

  • Motor Accident Claims Tribunal
  • Appeal withdrawal
  • Insurance claim
  • Procedural law
  • High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Miscellaneous Appeal No.267 of 2017
                 ======================================================
                 The Oriental Insurance Company Regional Office Through Sri Niraj Kumar

                                                                               ... ... Appellant/s
                                                   Versus
           1.    Arti Devi and Ors Wife of Late Santosh Kumar.
           2.    Krish Kumar, Son of Late Santosh Kumar. (Minor).
           3.    Harsh Raj, son of Late Santosh Kumar (Minor). under the guardianship of
                 their Mother respondent no.1.
           4.    Suga Devi, Wife of Late Bhuwan Mohan Singh. Residents of Village Ratan
                 Tola, P.S. Maner District Patna.
           5.    Basudeo Rai, Son of Sri Suraj Rai, Resident of Village- Sadikpur Bagicha,
                 P.O. Mahinama P.S. Maner District- Patna 801108.
           6.    Gyas Khan, Son of Nasim Khan, Resident of Village Kaji Mohalla Maner,
                 P.O. and P.S. Maner, District Patna- 801108.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :        Mr. Ashok Priyadarshi, Adv.
                 For the Respondent/s   :        Mr. Rajesh Kumar, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   22-01-2026                  Heard the parties.

                               2. The present application has been preferred for the

                   following relief(s):

                                                      Being aggrieved and dissatisfied
                                            with the Judgement dated 30.09.2016 passed
                                            by Addl. District Judge 8th Cum Motor
                                            Accident Claims Tribunal Patna in Claim
                                            Case No. 54 of 2015 the Appellant above
                                            named begs to file this Memorandum of
                                            Appeal.
                               3. Learned counsel for the petitioner submits that the

                   matter has been resolved and as such, he may be permitted to
           Patna High Court MA No.267 of 2017(4) dt.22-01-2026
                                                       2/2




                     withdraw the petition.

                                  4. Accordingly, the M.A. No. 267 of 2017 is disposed

                     of as withdrawn.

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



                                                    (Rajiv Roy, J)
Vijay Singh/-

U


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