Patna High Court
Branch Manager, Cholamandalam MS General Insurance Company Limited,versusAlok Kumar,
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The appeal is dismissed as withdrawn, and any statutory amount awarded must be returned.
Summary
The appellant, Cholamandalam MS General Insurance Company, filed a miscellaneous appeal before the Patna High Court challenging a judgment and award dated 12 July 2019 and 13 December 2019 respectively, issued by the District Judge‑cum‑Motor Vehicle Accident Claim Tribunal, Sitamarhi, in Claim Case No. 14 of 2017 where excessive compensation was granted against it. The appellant sought to withdraw the petition, arguing that the relief sought was no longer required. The court heard the matter on 6 February 2026 and noted the appellant’s request for withdrawal. Accordingly, the High Court dismissed the appeal as withdrawn. The court further directed that any statutory amount, if awarded, must be returned to the appropriate party.
Issues considered
- Whether the appellant may withdraw the appeal filed against the Tribunal's award
- What is the effect of withdrawal on any statutory compensation awarded
Subjects
- insurance
- motor vehicle accident
- compensation
- appeal withdrawal
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.27 of 2021
======================================================
1. Branch Manager, Cholamandalam MS General Insurance Company Limited,
Daya Complex, Kalambag Road, Ghodiya Bazar, P.S.-Kazi Mohammadpur,
District-Muzaffarpur.
2. Legal Manager, Cholamandalam MS General Insurance Company Limited,
2nd Floor, ID Complex, West Boring Canal Road, Infront of Medicana, Plot
No. 166, Patna-800023. Appeal and Appellant through Authorized
Signatory/Duly constituted Attorney, Cholamandalam MS General Insurance
Company Limited, 3rd Floor, IG Complex, Boring Canal Road, Patna-1.
... ... Appellant/s
Versus
1. Alok Kumar, Son of Brij Kishore Ram, Resident of Village and Post-
Bhawadepur Gote, P.S.-Riga, District-Sitamarhi.
2. Anmol Kumari, Daughter of Alok Kumar, minor and under the guardianship
of father, respondent No. 1. Resident of Village and Post-Bhawadepur Gote,
P.S.-Riga, District-Sitamarhi.
3. Vinod Sah, Son of Sri Jagdish Sah, Resident of Village-Bangaon Bazaar,
P.O. and P.S.-Bajpatti, District-Sitamarhi.
... ... 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 06-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
“against the judgment dated 12.07.2019
and Award dated 13.12.2019 passed by
learned District Judge-cum-Motor Vehicle
Accident Claim Tribunal, Sitamarhi
(hereinafter referred to as the Tribunal), in
Patna High Court MA No.27 of 2021(4) dt.06-02-2026
2/2
Claim Case No. 14 of 2017 ‘Alok Kumar &
another vs. Vinod Sah and orters’ by which
excessive compensation has been allowed
against the appellant.
3. Learned counsel for the appellants 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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