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Patna High Court

Sangeeta DeviversusReliance General Insurance Company Ltd. and Anr

Decided
Disposal
DISPOSED

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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