Patna High Court
Anita Devi vs Sunita Devi And Anr on 5 December, 2022
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.609 of 2016
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Anita Devi Wife of Late Manoj Kumar Sah resident of Village Post Office -
Gopalpur, Pargana - Kashamar, Police Station - Nayagaon, District - Saran
Chapra.
... ... Appellant/s
Versus
1. Sunita Devi and Anr. Wife of Akhileshwar Singh resident of Village -
Raghopur Dumari, Post Office - Dumari, Bujurg, Police Station - Nayagaon,
District - Saran.
2. The Oriental Insurance Company Limited, Howarrah Divisional Buildings,
Municipal Chowk, Chapra, Pol
... ... Respondent/s
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Appearance :
For the Appellant/s : None.
For the Respondent/s : None.
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL JUDGMENT
Date : 05-12-2022
No one appears on call.
2. This case is the best example of how any
matter can be dragged on for decades despite the fact that the
dust stands settled on 16.3.2012 itself when the M.A. No. 449
of 2003 was dismissed by a bench of this Court.
3. The M.A. No. 609 of 2016 was preferred
challenging the order dated 1.3.2016 in Miscellaneous Appeal
Case No. 08 of 2013 by the learned VIIIth Additional District
Judge, Saran (Chapra) by which petition under Order 9 Rule
13 of the Code of Civil Procedure was dismissed.
Patna High Court MA No.609 of 2016 dt.05-12-2022
4. The Matrix of facts giving rise to the present
appeal is/are as follows :-
5. The daughter of the claimant-respondent No. 1
namely, Soni Kumari (aged 8 years) met with fatal accident
when on 20.8.1996, a Coach Bus bearing registration No.
WB-11-6860 hit the minor girl causing her death.
6. As the minor girl's father Akhileshwar Singh
was out of State for work, the mother, Sunita Devi preferred
Claim Case No. 52 of 2000.
7. The matter was taken up by the learned IVth
Additional District Judge, Saran (Chapra), and vide an order
dated 22.8.2003, the learned Court held as follows :-
(i) the accident occurred due to the rash
driving of the bus which hit the minor
child without blowing horn, causing her
death;
(ii) as such, the applicant is entitled to
compensation;
(iii) in view of the fact that the opposite
party No. 1, Manoj Kumar Sah (husband
of the appellant) failed to provide copy of
insurance, he has to compensate.
Patna High Court MA No.609 of 2016 dt.05-12-2022
8. Accordingly, vide the order aforesaid,
direction was given for payment of Rs. 1,12,500/- at the rate
of 5 per cent interest.
9. Aggrieved by the said order, M.A. No. 449 of
2003 was preferred which was dismissed for non-compliance
of the order dated 26.8.2005.
10. Thereafter, MJC No. 311 of 2010 was filed
which was allowed on 17.8.2011 and M.A. No. 449 of 2003
was restored to its original file with further direction to
comply the order dated 26.8.2005 within a period of two
weeks.
11. Even the said order dated 17.8.2011 was not
complied.
12. Accordingly, the M.A. No. 449 of 2003 was
taken up by another bench of this Court and vide an order
dated 16.3.2012, the appeal was dismissed and it is important
to bring on record the concluding paragraphs of the said order
:-
"This Court, while disposing of
restoration petition, directed for
complying order dated 26.8.2005 within a
period of two weeks and also to make
Patna High Court MA No.609 of 2016 dt.05-12-2022
payment of cost of Rs. 1,000/- with the
Patna High Court, Legal Aid Committee.
Again after this order, no step was taken
by the appellant either to deposit statutory
amount or to make payment of cost
imposed by this Court.
Accordingly, case was listed under the
heading 'For orders on Office Note' on
13.3.2010 on which date none appeared.
Today, it was informed that he has already
deposited a cost i.e. Rs. 1,000/-, but
statutory amount has not been deposited
till date.
Be that as it may, fact remains that
peremptory order which was passed on
26.8.2005 has not been complied with and
the claimant/respondent No. 1, who was
entitled to get compensation amount
immediately after the order of Claims
Tribunal has been restrained from
receiving the compensation amount for
such a long time. Accident had occurred in
Patna High Court MA No.609 of 2016 dt.05-12-2022
the year 1996.
In view of non compliance of peremptory
order, the appeal stands dismissed.
Let a copy of this order be sent to the
court below forthwith."
13. However, still the matter was not put to rest
and M.A. No. 08 of 2013 was filed before the learned District
Judge, Saran, Chapra for setting aside the order and decree
dated 22.8.2003 in the Case No. 52 of 2000. This was filed by
the wife of Manoj Kumar Sah stating therein that her husband
died on 27.12.2013 and some imposter preferred the M.A.
No. 449 of 2003.
14. The matter was taken up on 1.3.2016 by the
learned VIIIth Additional District Judge, Saran, Chapra and
after holding that the appeal was filed before the Patna High
Court on 3.12.2003 when her husband was alive and further
the M.A. No. 449 of 2003 has already been dismissed on
14.3.2012, nothing remains and accordingly the said M.A.
No. 08 of 2013 was dismissed.
15. Aggrieved, the present appeal has been filed.
16. As stated in the initial paragraph, this is how
the case can be dragged for two decades denying the
Patna High Court MA No.609 of 2016 dt.05-12-2022
legitimate right to the claimant.
17. Be that as it may, since no one has appeared
on behalf of the appellant, the present appeal is dismissed for
non-prosecution.
(Rajiv Roy, J)
ajaysingh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 07.12.2022
Transmission Date NA
