Patna High CourtMJC/1095/2016allowed

The United India Insurance Company Ltd. v. Parwati Devi And ORS

2016-12-14Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.1095 of 2016 In MA 514 of 2012 ====================================================== The United India Insurance Company Ltd. D.O. Bhagalpur Represented through its Regional Office, Chanakya Commercial Complex (3rd Floor) R. Block, Patna-800001.

.... .... Appellant

Versus

1. Parwati Devi wife of Late Nand Lal Tanti.

2. Chandani Kumari Daughter of Late Nand Lal Tanti.

3. Sangita Kumari, Daughter of Late Nand Lal Tanti.

4. Kalicharan Tanti, Son of late Nand Lal Tanti.

5. Deoki Kumari Daughter of Late Nand Lal Tanti.

6. Guljana Kumar, Son of Late Nand Lal Tanti.

7. Asha Devi, Wife of late Luxman Tanti (mother of deceased) Respondent No.2 to 6 are minors and under the legal natural guardianship of their mother Parwati Devi (Respondent No.1). All are resident of Village Amdana, P.S. Amdana (Kahalgaon), Dist. Bhagalpur.

--- (Claimants) --- Respondents

8. Smt. Bina Devi, Wife of Sri Gopal Sah, Resident of Permanent Address Hat Govindapur, Burdwan District, at present Aliganj, P.O. Mirjanhat, P.S. Mojahidpur, Dist. Bhagalpur (Bihar).

----- (O.P. No.1) (Owner of Truck W.B.- 41B-2435)

9. Sri Manoj Kumar Yadav, Son of J.P. Yadav, Resident of 102/1 Karoli Bagh, P.S. Karoli Bagh, Dist. Delhi.

--- (O.P. No.2) (Driver of Truck WB-41B-2435) ---- (Respondents 2nd Set) --- Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.1 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 14-12-2016 In this case, the petitioner is seeking restoration of Misc. Appeal No. 514 of 2012 which was dismissed for noncompliance of the pre-emptory order dated 17.12.2015. Looking to the explanations given in this application, the prayer made therein is allowed and M.A. No. 514 of 2012 is restored to its original file.

Patna High Court MJC No.1095 of 2016 (2) dt.14-12-2016 This application stands allowed.

(Shivaji Pandey, J) Rishi/- U