Patna High Court
Cholamandalam MS General Insurance Company Ltd.versusRamdulari Devi
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition is dismissed as infructuous and any statutory amount, if any, is to be returned to the insurer.
Summary
Cholamandalam MS General Insurance Company Ltd. appealed against an order of the Bihar Motor Vehicle Accident Claim Tribunal dated 26 May 2025 that allowed compensation to Ramdulari Devi. The appellant, through counsel, later sought to withdraw the petition, claiming it had become infructuous. The Patna High Court considered the effect of the withdrawal on the pending appeal. The Court held that the petition could be dismissed as infructuous since the appellant no longer wished to pursue the relief. Consequently, the appeal was dismissed and the Court directed that any statutory amount, if payable, should be returned to the insurer.
Issues considered
- Whether the appeal is maintainable after the appellant withdraws the petition, rendering it infructuous
- Whether any statutory amount awarded by the Tribunal must be returned to the insurer upon dismissal
Subjects
- insurance
- motor vehicle accident
- appeal
- withdrawal
- infructuous
- compensation
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.549 of 2025
======================================================
Cholamandalam MS General Insurance Company Ltd. Appeal and Appellant
through Authorized Signatory/Duly Constituted Attorney, Cholamandalam
MS General Insurance Company Limited, 3rd Floor, ID Complex, Boring
Canal Road, Patna-1.
... ... Appellant/s
Versus
Ramdulari Devi Wife of Late Pandav Paswan, Resident of Village-Dhatta Tol,
P.O.-Laukha, Panchayat-Karmedh Uttari, P.S.-Laukha, Anchal-Khutauna,
Anumandal-Phoolparas, District-Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Durgesh Kumar Singh, Advocate
For the Respondent/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 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
the Judgment/Award/Order dated
26.05.2025, passed by Sri Raj Kumar
Prasad, Learned Chairman, Bihar Motor
Vehicle Accident Claim Tribunal,
Darbhanga Division, Darbhanga
(hereinafter referred to as the Tribunal), in
Case no. 405 of 2024 'Ramdulari Devi Vs.
Cholamandalam MS General Insurance Co.
Patna High Court MA No.549 of 2025(3) dt.08-01-2026
2/2
Ltd.' 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
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