Patna High Court
The Reliance General Insurance Company Limited, MumbaiversusPinky Singh and Ors.
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The appeal is dismissed as withdrawn, and any statutory amount, if any, must be returned.
Summary
The Reliance General Insurance Company appealed against an order dated 01.08.2013 passed by the District Judge, Bhagalpur, which allowed compensation under Section 140 of the Motor Vehicles Act to Pinky Singh and others. The appellant sought to withdraw the petition. The High Court, after hearing the parties, dismissed the appeal as withdrawn. The court further directed that any statutory amount, if paid, must be returned. No substantive merits of the compensation claim were addressed as the appeal was withdrawn.
Issues considered
- What is the effect of withdrawing an appeal before the appellate court decides the matter?
- Whether any statutory compensation already paid under Section 140 of the Motor Vehicles Act must be returned upon withdrawal of the appeal.
Legislation cited
- Motor Vehicles Act — s. 140
Subjects
- Motor Vehicles Act
- Section 140
- compensation
- appeal withdrawal
- insurance
- statutory amount
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.723 of 2013
======================================================
The Reliance General Insurance Company Limited, Mumbai The Reliance
General Insurance Company Limited, 3rd Floor, Kaushalaya Estate, Bander
Bagicha, Patna
... ... Appellant/s
Versus
1. Pinky Singh W/O Lt. Laxman Kumar Singh Resident Of Village Banama,
P.O. Pachrukhi, P.S. Sahkund, District Bhagalpur.
2. Lovely Kumari D/O Lt. Laxman Kumar Singh (Minor And Is Under The
Natural Guardian Mother, Res. 1) Resident Of Village Banama, P.O.
Pachrukhi, P.S. Sahkund, District Bhagalpur.
3. Devanand S/O Lt. Laxman Kumar Singh (Minor And Is Under The Natural
Guardian Mother, Res. 1) Resident Of Village Banama, P.O. Pachrukhi, P.S.
Sahkund, District Bhagalpur.
4. Jogmaya Devi W/O Lt. Nagashwar Prasad Singh Resident Of Village
Banama, P.O. Pachrukhi, P.S. Sahkund, District Bhagalpur.
5. Chandan Kumar Yadav S/O Lt. Shiv Yadav Resident Of Village Bishanpur
Jichho, P.O. Jichho, P.S. Lodipur, District Bhagalpur Owner Cum Driver Of
Vehicle.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Durgesh Kumar Singh, Advocate
For the Respondent/s :
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
7 06-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
“against the order dated 01.08.2013 passed
by learned District Judge,
Bhagalpur(hereinafter referred to as the
Tribunal) in Claim Case No. 48 of 2012
‘Pinky Sing & Ors vs. Chandan Kumar
Patna High Court MA No.723 of 2013(7) dt.06-02-2026
2/2
Yadav & Ors’ by which compensation u/s
140 of the M.V. Act has been allowed against
the appellant”.
3. Learned counsel for the appellant 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
Checking your session…