Divisional Manager, National I v. Sonamati Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.991 of 2010 ====================================================== Divisional Manager, National Insurance Company Ltd., Charch Raod, Gandhi Maidan, P.S.-Civil Lines, District-Gaya represented through Shri Anjani Kumar working as A.O. and duly constituted attorney of National Insurance Company having its Regional Office at 4th Floor, Sone Bhawan, P.S.-Sachiwalaya, District-Patna.

.... .... Appellant/s

Versus

1. Sonamati Devi, wife of Late Chandu Manjhi, Resident of Village - Punakala, P.S.-Paraiya, District-Gaya.

2. Chauti Yadav, Son of Name not known (Owner of the Tractor its bearing Reg. No. BR-2E/3821).

3. Gayarsi Yadav, Son of Name not known, Both resident of village Punakala, P.S.-Paraiya, District-Gaya.

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

For the Appellant/s : Mr. Shailendra Kumar, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2017 Learned counsel for the appellant submitted that the award amount has been deposited by the appellant in the court below for its disbursement to the claimant and the owner of the vehicle has died, but no substitution petition has been filed by the appellant.

Due to not filing of substitution petition in respect

Patna High Court MA No.991 of 2010 (7) dt.30-08-2017 2/2 of the owner of the vehicle within the stipulated period, this appeal stands abated.

Let the amount deposited by the appellant in the court below be disbursed to the claimant, if not made earlier and the lower court record be sent to the court below. (Prakash Chandra Jaiswal, J) Mishra/- U