New India Assurance Company vs Rekha Jha And Ors
2022 Latest Caselaw 4906 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Miscellaneous Appeal No.313 of 2006
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New India Assurance Company Kataras Road Dhanbad through its Deputy and Duly constituted Attorney Sri Dibakar Bag Regional Office 6th floor BSFC Building Fraser Road Patna.

... ... Appellant/s Versus

1. Smt. Rekha Jha, wife of Late Damodar Jha.

2. Mukund Kumar Jha, son of Late Damodar Jha. Both Resident of Village P.O. & P.s. Singhwara District Darbhanga.

3. Smt. Anamika Devi daughter of Late Damodar Jha wife of Sri Aditya Nath Mishra Resident of village-Kakraur P.s. & P.O. Rahika District- Madhubani.

4. Harendra Mishra son of Late Khedan Mishra Resident of Rajputana Mohalla Kali Asthan Dehari P.S. & P.O. Dehari District- Rohtas.

5. Pintu Singh son of Sudama Singh Resident of village Raipur Chaur P.S. & P.O. Shivnagar District -Rohtas.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Durgesh Kumar Singh, Advocate For the Respondent/s : Mr. Pushpendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT Date : 07-12-2022

Heard Mr. Durgesh Kumar Singh, learned counsel for

the appellant and Mr. Pushpendra Kumar Singh, learned counsel

who represent the respondents.

The present appeal is directed against the judgment

dated 24.04.2006 and award dated 15.06.2006 passed by the

learned Additional District Judge/FTC No.2 cum Motor Vehicle

Claims Tribunal Cum Sitamarhi (henceforth for short 'the

Tribunal') in Claim Case No.10 of 2001 /8 of 2005 by which the

learned Tribunal gave direction for payment of compensation

amount of Rs.9,32,092/- within a period of one month.

Patna High Court MA No.313 of 2006 dt.07-12-2022

At the outset, Mr. Pushpendra Kumar Singh, learned

counsel for the respondents submit that the claimants-respondents

have already received the compensation amount way back in the

year 2010 and as such the appeal has lost its merit.

Mr. Durgesh Kumar Singh submits that he is unaware of

the said fact and was not apprised about it even by the appellant

side.

In view of the categorical statement made by Mr.

Pushpendra Kumar Singh, learned counsel for the respondents that

the respondents have already received the compensation amount in

the year 2010, this appeal has become infructuous.

The appellant company is entitled to get back statutory

amount, if any, that was deposited.

The appeal is accordingly disposed of.

                                                     (Rajiv Roy, J)

Prakash Narayan
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          08.12.2022
Transmission Date       NA