Patna High Court
Magma HDI General Insurance Company LimitedversusTiju Kumar
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The appeal is dismissed as withdrawn.
Summary
Magma HDI General Insurance Company filed Miscellaneous Appeal No.87 of 2022 against a judgment dated 16 September 2021 of the Additional District Judge‑IX cum Motor Vehicle Accident Claim Tribunal, Patna, which had allowed compensation to the claimants in case 419/2015 (Tiju Kumar v. Bal Govind Saw). The appellant sought to set aside the award and also requested the return of any statutory amount. During the hearing on 27 February 2026, counsel for the appellant moved for withdrawal of the appeal. The Hon'ble Justice Rajiv Roy accepted the withdrawal and dismissed the appeal as withdrawn. Consequently, the court ordered that any statutory amount, if payable, be returned to the appellant.
Issues considered
- Whether the appellant may withdraw the appeal after filing it
- Whether any statutory amount awarded by the Tribunal must be returned upon withdrawal
Subjects
- Motor Vehicle Accident Claim Tribunal
- Compensation
- Appeal withdrawal
- Insurance
- Statutory amount
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.87 of 2022
======================================================
Magma HDI General Insurance Company Limited through its Chairman-cum-
Managing Director, 101/102 First Floor, Block- B, Rajendra Ram Plaza,
Exhibition Road, Patna- 800001, Appeal and Appellant through the
Authorized Signatory/Duly Constituted Attorney, Magma HDI General
Insurance Company Limited, 101/102, 1st Floor, Block- B Rajendra Ram
Plaza, Exhibition Road, Patna, Bihar- 800001.
... ... Appellant/s
Versus
1. Tiju Kumar Son of Lala Paswan Resident of Village- Adampur, P.S. and
District- Jahanabad, At present Mohalla- Anandpuri, Boring Canal Road,
P.S.- Sri Krishnapuri, District- Patna.
2. Bal Govind Saw Son of Bodhi Saw Resident of Indra Nagar Colony Ranchi
Road, Ramgarh, District- Ramgarh (Jharkhand)- 829117 (Owner).
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Durgesh Kumar Singh, Advocate
For the Respondent/s : Mr.Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 27-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) against the Judgment/Award dated
16.09.2021. passed by Ld. Kumar Gunjan,
Additional District Judge-IX -Cum-, Motor
Vehicle Accident Claim Tribunal. Patna,
(hereinafter referred to as the Tribunal). in
Claim Case no. 419/2015 Tiju Kumar v's Bal
Govind Saw and another by which
compensation has been allowed against the
Patna High Court MA No.87 of 2022(4) dt.27-02-2026
2/2
appellant, appellant beg to move this memo
of appeal on the following amongst other
impugned Judgment.
3. Mr. Durgesh Kumar Singh, learned counsel for the
appellant prays for withdrawal of the petition.
4. Accordingly, the M.A. No. 87 of 2022 is dismissed
as withdrawn.
5. The statutory amount, if any, has to be returned.
(Rajiv Roy, J)
Ravi/-
U
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