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Patna High CourtMA/783/2009dismissed

Most. Raj Kumari And ORS. v. Parmeshwar Chaubey And ORS.

2015-02-26Mr. Justice Akhilesh Chandra2 pages

Patna High Court MA No.783 of 2009 dt.26-02-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.783 of 2009 =====================================================

1. Most. Raj Kumari, W/o - Late Rabindra Singh

2. Sanjay Kumar

3. Abinash Kumar

4. Gauraw Kumar

5. Garima Kumari

6. Anu Priya Kumari Minor sons and daughters of Late Rabindra Singh through mother Most. Raj Kumari Devi mother and legal guardian of minors petitioner nos. 2 to 6.

Residents of village - Ibrahimpur, Harpur Karah, P.O. - Harpur, Korah, P.S. - Baniapur, District - Saran ------Claimants-----Appellants

Versus

1. Parmeshwar Chaubey, son of Indrashan Chaubey, resident of village - Kawla, Puchari, P.O. Puchari P.S. - Baniapur, District - Saran (Owner of vehicle No. BRD4A/2805 Maxi)

2. Bhagiram Yadava, son of S. Yadava, resident of N.S.C. Bose Road, Kalkata - 40, District - 24 Paragana - 5 at present Driver of said vehicle.

3. Manager, Oriental Insurance Company Limited, Sudarshan Building Municipal Chawk, Chapra.

------Opposite parties------Respondents ==================================================== Appearance :

For the Appellants : Mr. Birendra Nath Mishra, Advocate For the Respondent no.3: Mr.Mukteshwar Prasad Singh,Advocate ==================================================== CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA ORAL JUDGMENT Date: 26-02-2015 This application has been placed under the heading "For Hearing under Order XLI Rule 11 of the Code

Patna High Court MA No.783 of 2009 dt.26-02-2015 of Civil Procedure."

Heard learned counsel for the appellants and learned counsel for the respondent no. 3. None appeared on behalf of the Owner.

This appeal has been preferred against judgment dated 5th September 2009 and Award dated 18th September 2009 passed in Motor Vehicle Accident Claim Case No. 61/1999 by Sri Diwakar Mishra, 3rd Additional District Judge - Motor Vehicle Accident Tribunal, Saran at Chapra. After some arguments, learned counsel for the appellants seeks permission to withdraw this appeal. Permission is granted.

Accordingly, this appeal stands disposed of as withdrawn.

Rajeev/- (Akhilesh Chandra, J.) U T