Patna High Court
Sangeeta DeviversusReliance General Insurance Company Ltd. and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The appeal is infructuous and cannot proceed because the parties have already settled the dispute.
Summary
The appellants, Sangeeta Devi and Umesh Prasad Kesari, appealed against Reliance General Insurance Company Ltd. challenging the judgment and award dated 28 July 2016 and 23 March 2017 issued by the Additional District Judge‑cum‑Motor Vehicle Accident Claim Tribunal, Gaya. The same dispute had earlier been settled in a Lok Adalat on 10 July 2021, where both parties agreed to a full and final settlement of Rs.9,50,000, which the claimants have already received. The court examined whether the appeal could continue in view of the settlement. It held that the settlement rendered the appeal infructuous as the cause of action had been extinguished. Consequently, the court disposed of the appeal without further hearing.
Issues considered
- Whether an appeal against a motor accident claim judgment remains maintainable after the parties have effected a full and final settlement in a Lok Adalat.
Subjects
- Motor Accident Claim
- Insurance
- Lok Adalat Settlement
- Infructuous Appeal
- Miscellaneous Appeal
- Settlement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.637 of 2017
======================================================
1. Sangeeta Devi W/o Umesh Prasad Kesari, residents of Mohalla- Rikabganj,
P.O. and P.S.- Tekari, District- Gaya.
2. Umesh Pd. Kesari, S/o Late Laxmi Narayan Kesari, Mohalla- Rikabganj,
P.O. and P.S.- Tekari, District- Gaya.
... ... Appellant/s
Versus
1. Reliance General Insurance Company Ltd. and Anr
2. Om Prakash Sharma, S/o Sharda Singh, Resident of Village- Solhanda, Tola
Maya Bigha,. P.S- Makhdumpur, District- Jehanabad- 804408 owner of
Truck No. BR 25G/1633
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Ravindra Kumar Sinha, Adv.
For the Respondent/s : Mr. Durgesh Kumar Singh, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 28-01-2026 Heard the parties.
2. The present application has been preferred for the
following relief(s):
Being partly aggrieved and
dissatisfied with the judgment and award
dated 28.7.2016 and 23.3.17 28 passed by
Sri Hasmuddin Ansari, VIIth, Additional
District Judge-Cum-Motor Vehicle Accident
Claim Tribunal, Gaya in Motor Accident
Claim Case No. 34/2016/67/2015, the
appellant wants to move before this Hon’ble
Court.
3. This matter came up under the heading as
mediation for the Nation Drive 2.0.
Patna High Court MA No.637 of 2017(3) dt.28-01-2026
2/3
4. Mr. Alok Kumar Shahi informed that two appeals
were preferred; one by the lady claimant, Sangeeta Devi and her
husband, Umesh Prasad Kesari (M.A. No. 637 of 2017) against
the Reliance General Insurance Company LTD & Anr. and the
other by the Reliance General Insurance Company LTD also
filed an appeal vide M.A. No. 30 of 2017.
5. The two appeals arises out of the judgment and
order dated 28.07.2016 and 23.03.2017 passed by Sri
Hasmuddin Ansari, VIIth Additional District Judge-cum-Motor
Vehicle Accident Claim Tribunal, Gaya in Motor Accident
Claim Case No. 34/2016/67/2015.
6. The submission is that earlier, M.A. No. 30 of 2017
(Reliance General Insurance Company LTD & Anr. vs. Sangeeta
Devi & Anr.) was taken up by the Lok Adalat on 10.07.2021 and
both the parties compromised/settled the case/matter in terms of
following terms:
Both parties have appeared and this
matter has been compromised at Rs. 9,50,000/-
(Rupees nine lacs & fifty thousand only), as full
and final settlement, including the NFL of Rs.
50,000/- (Fifty thousand) paid to the Respondent.
The same shall be paid to the claimants by the
Insurance Company within a period of one month
from the date of receipt/production of a copy of this
Patna High Court MA No.637 of 2017(3) dt.28-01-2026
3/3
award. Let the statutory amount, if any, be remitted
back to the Insurance Company.
7. He has provided the order-sheet of the Lok Adalat
dated 10.07.2021 in support of the said submissions.
8. Let a copy of the order be kept on record.
8. In view of the fact that the parties have already
come to the settlement in the year 2021 itself pursuant whereto
the claimants have received the compromised amount of Rs.
9,50,000/- as full and final settlement, the present appeal has
become infructuous.
9. In that background, M.A. No. 637 of 2017 is
disposed of.
(Rajiv Roy, J)
Vijay Singh/-
U
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