Patna High Court
The D. M.versusSachidanand Singh
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The appeal is dismissed as withdrawn.
Summary
The D.M. United India Insurance Company appealed against a judgment and award dated 29 October 2018 and 6 November 2018 respectively, issued by the 11th Additional District Judge‑Cum‑M.V.A. Claim Tribunal, Muzaffarpur, which awarded a compensation of Rs.11,83,200 with interest at 6% to the respondents. The appellant sought to set aside the award, claiming it was wrongly granted. During the hearing, counsel for the appellant submitted that the order had been complied with and requested permission to withdraw the appeal. The court accepted the withdrawal and dismissed the appeal as withdrawn. It further directed that any statutory amount, if applicable, be returned.
Issues considered
- Whether the appeal filed by the insurer can be withdrawn after the award has been passed
- Whether any statutory amount awarded by the tribunal must be returned upon withdrawal of the appeal
Subjects
- insurance
- claim tribunal
- compensation award
- appeal withdrawal
- statutory amount
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.353 of 2019
======================================================
The D. M. United India Insurance Company Ltd. (A Govt. of India
Undertaking Established in 1938), Muzaffarpur, appearing through the
Manager and Authorized Signatory/Constituted Attorney of United India
Insurance Company Limited, Regional Office, Hotel Chanakya Complex, R-
Block, Patna
... ... Appellant/s
Versus
1. Sachidanand Singh S/o Late Ram Julum Singh At and P.o. and P.s.- Kanti,
Distt.- Muzaffarpur
2. Shyam Kishore Singh S/o Sri Indradeo Singh At - Sarai, Maner, Distt.-
Patna-801108
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Shailesh Anand, Advocate
; Mr. Harendra Kumar, Advocate
For the Respondent/s : Mr. Rajen Sahay, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
11 05-02-2026 Heard the parties.
2. The present appeal has been preferred for the grant
of following relief(s):
“to set-aside the judgment dated
29.10.2018 & the award signed dated 06.11.18
by the Learned 11th Additional District Judge-
Cum-M. V. A. Claim Tribunal, Muzaffarpur in
Claim Case No. 108/2014 by virtue of which the
learned Tribunal has wrongly awarded a
compensation of Rs.11,83,200/- with interest @
6% from the date of the filing of the case.”
Patna High Court MA No.353 of 2019(11) dt.05-02-2026
2/2
3. Mr. Shailesh Anand, learned counsel for the
appellant submits that the order stands complied and as such, he
may be permitted to withdraw the appeal.
4. In that background, the appeal M.A. No. 353 of
2019 is dismissed as withdrawn.
5. The statutory amount if any, has to be returned.
(Rajiv Roy, J)
vinayak/-
U
Checking your session…