Patna High Court
The Branch Manager, The Cholamandalam Ms General Insurance Company LimitedversusGeeta Kuwar and Ors
- Decided
- Disposal
- WITHDRAWN
- Bench
- RAJIV ROY
Holding
The petition is dismissed as infructuous and any statutory amount, if any, is to be returned to the insurance company.
Summary
The Branch Manager of The Cholamandalam MS General Insurance Company Limited appealed against a judgment and award dated 28 April 2018 and 14 May 2018 respectively, issued by the Additional District Judge‑X cum Motor Vehicle Accident Claim Tribunal, Saran, which allowed compensation to the respondents in a motor vehicle accident claim. The appellant contended that the award was unsatisfactory and sought relief from the High Court. During the hearing, the appellant’s counsel requested withdrawal of the petition, stating that the matter had become infructuous. The Court accepted this submission and dismissed the petition as infructuous. Consequently, the Court directed that any statutory amount, if payable, should be returned to the insurance company.
Issues considered
- Whether the petition filed by the insurance company is infructuous and can be dismissed
- Whether any statutory amount awarded by the Tribunal must be returned to the appellant
Subjects
- Motor Vehicle Accident
- Compensation
- Insurance
- Tribunal Award
- Infructuous Petition
- Appeal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.891 of 2018
======================================================
The Branch Manager, The Cholamandalam Ms General Insurance Company
Limited
... ... Appellant/s
Versus
1. Geeta Kuwar W/o Lt. Bhola Singh Resident of Village-Bangara, PO/PS-
Ishuwapur, Dist. Saran at Chapra.
2. Vinay Kumar Pathak S/o Lt. Vidya Nand Pathak Resident of House no.230,
Swapna Bhavan, A. K. Azad Road, Kala Pahar, Guwahati, Gopi Nath Nagar,
Kamrup, Assam, Pin- 781016.
3. Rajesh Kumar Singh S/o Lt. Bhola Singh Resident of village-Bangara, PO/P
S-Ishuwapur, Dist. Saran at Chapra.
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr.Durgesh Kumar Singh, Advocate
For the Respondent/s : Mr.Ajay Kr Singh No.1, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 08-01-2026 Heard Mr. Durgesh Kumar Singh, learned counsel for
the appellant and the State.
2. The present petition has been preferred for the
following relief/s:
(i) being aggrieved by and dissatisfied with
the Judgment dated 28.04.18 and Award
dated 14.05.18 passed by Sri. Birendra
Kumar Mishra, Addl. Dist. Judge-X cum
Motor Vehicle Accident Claim Tribunal,
Saran at Chapra (here in after referred to as
the Tribunal), in Claim Case no. 95/14
Patna High Court MA No.891 of 2018(3) dt.08-01-2026
2/2
'Geeta Kuwar v/s Vinay Kumar Pathak &
ors' by which compensation has been
allowed against the appellant.
3. Learned counsel for the appellant prays for
withdrawal of the petition submitting that it has now become
infructuous.
4. Accordingly, the same is dismissed as infructuous.
5. The statutory amount, if any, has to be returned to
the Company.
(Rajiv Roy, J)
Ravi/-
U
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