Created by Fuzzy Cloud

Patna High Court

Branch Manager, Cholamandalam MS General Insurance Company Limited,versusAlok Kumar,

Decided
Disposal
WITHDRAWN

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The appeal is dismissed as withdrawn, and any statutory amount awarded must be returned.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 Accordingly, the High Court dismissed the appeal as withdrawn.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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.