Patna High Court

The Branch Manager, Cholamandalam MS General Insurance Company LimitedversusSujeeta Kumari

Decided: 6 February 2026
Disposal: WITHDRAWN
Bench: RAJIV ROY

Holding

The appeal is dismissed as withdrawn, and any statutory amount, if any, must be returned.

Summary

The Branch Manager of Cholamandalam MS General Insurance Company appealed against a judgment and award dated 30 January 2021 of the Motor Vehicle Accident Claim Tribunal, Naugachia, which had allowed compensation against the insurer in Claim Case No. 259 of 2018 filed by Sujeeta Kumari and others. The appellant sought to withdraw the appeal, and the Patna High Court considered the request. The court allowed the withdrawal and dismissed the appeal as withdrawn. Consequently, any statutory amount that may have been awarded is to be returned. No substantive merits of the compensation claim were addressed as the appeal was withdrawn.

Issues considered

Whether the appellant may withdraw the appeal pending before the High Court
Effect of withdrawal on any statutory amount awarded by the Tribunal

Subjects

Motor Vehicle Accident Claim Tribunal
appeal withdrawal
compensation
statutory amount
insurance
high court
dismissal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                       Miscellaneous Appeal No.8 of 2022
                 ======================================================
           1.     The Branch Manager, Cholamandalam MS General Insurance Company
                  Limited 3rd Floor, I.D. Complex West Boring Canal Road, Patna. Plot No.
                  166, District - Patna, State - Bihar.
           2.    Manager (Operation), Cholamandalam MS General Insurance Company
                 Limited, 3rd Floor, I.D. Complex West Boring Canal Road, Patna, Plot No.
                 166, District - Patna, State - Bihar. 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
           1.    Sujeeta Kumari Wife of Late Manoj Kumar @ Arun Kumar @ Manoj
                 Poddar Resident of Village and P.O. - Kharik Bajar, P.S. Kharik, District -
                 Bhagalpur.
           2.    Shubham Kumar Son of Late Manoj Kumar @ Arun Kumar @ Manoj
                 Poddar, Resident of Village and P.O. - Kharik Bajar, P.S. Kharik, District -
                 Bhagalpur.
           3.    Kajal Kumari, Daughter of Late Manoj Kumar @ Arun Kumar @ Manoj
                 Poddar, Resident of Village and P.O. - Kharik Bajar, P.S. Kharik, District -
                 Bhagalpur.
           4.    Muskan Kumari, daughter of Late Manoj Kumar @ Arun Kumar @ Manoj
                 Poddar, Respondent no. 4 is minor and under the guardianship of mother i.e.
                 Respondent no. 1. Resident of Village and P.O. - Kharik Bajar, P.S. Kharik,
                 District - Bhagalpur.
           5.    Md. Iquebal Khan @ Iqbal Khan, Son of Md. Hasim, Resident of Village-
                 Maniamore, P.S.- Naugachia, District - Bhagalpur (Owner).
           6.    Md. Shekh Naubat, Son of Shekh Saukat, Resident of Village- Maniamore
                 (near Masjid), P.S.- Naugachia, District - Bhagalpur (Driver).
           7.    Sachidanand Poddar, Son of Late Mahabir Poddar, Resident of Village and
                 P.O.- Kharik Bajar, P.S.- Kharik, District - Bhagalpur.
           8.    Karuna Devi, Wife of Sachidanand Poddar, Resident of Village and P.O.
                 Kharik Bajar, P.S.- Kharik, District - Bhagalpur.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s    :      Mr.Durgesh Kumar Singh, Advocate
                 For the Respondent/s   :
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   06-02-2026                    Heard the parties.
         Patna High Court MA No.8 of 2022(4) dt.06-02-2026
                                                      2/2




                                2. The present petition has been preferred for the

                   following relief/s:

                                           “against the judgment and Award dated

                                           30.01.2021 passed by learned Additional

                                           District         Judge-III-cum-   Motor   Vehicle

                                           Accident          Claim    Tribunal,   Naugachia

                                           (hereinafter referred to as the Tribunal) in

                                           Claim Case No. 259 of              2018 ‘Sujeeta

                                           Kumari        & Ors vs. the Branch Manager,

                                           Cholamandalam MS General Insurance Co.

                                           Ltd., and others’ by which compensation has

                                           been allowed against the appellant”.

                                  3. Learned counsel for the appellants 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

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