Patna High CourtMA/184/2016disposed

Oriental Insurance Company Bhagalpur And ANR v. Nanku Dubey @ Braj Kishore Dwivedi And ORS

2017-07-20Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court MA No.184 of 2016 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.184 of 2016 ======================================================

1. Oriental Insurance Company Bhagalpur

2. Oriental Insurance Company, Muzaffarpur Both through Sri Niraj Kumar, Asstt. Manager, duly constituted Attorney the Oriental Insurance Company Ltd. Regional Office Pir Mohani Kadam Kuna, Patna .... .... Appellant/s

Versus

1. Nanku Dubey @ Braj Kishore Dwivedi son of Late Baijnath Dwivedi, Resident of village- Bitaha Nizamat P.S. Bairiya District West Champaran

2. Ramanand Yadav @ Sonalal Yadav, son of Sukhdev Yadav Resident of Village & P.O. Tadwanandpur, P.S. Bairiya District West Champaran

3. Md. Murtuza son of Md. Usman, Resident of village and P.S. Chanpatia, District- Bettiah West Champarean .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ashok Priyadarshi For the Respondent/s : Mr. Madan Mohan ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20.07.2017 Both parties appeared and agreed that from the impugned judgment and award, three appeals bearing M.A. no. 27/2014, M.A. no. 28/2014 as well as present appeal have been filed and M.A. no. 27/2014 has already been dismissed by a bench of this court vide order dated 13.7.2017.

Both parties submit that this appeal may be disposed of on the terms and conditions on the basis of which M.A. no. 27/2014 has been dismissed.

In view of the aforesaid submissions, this appeal stands disposed of. However, it is made clear that the terms and conditions on the basis of which M.A. no. 27/2014 disposed of shall apply in this appeal also.

Statutory amount deposited by the appellants be sent down

Patna High Court MA No.184 of 2016 (2) dt.20-07-2017 so that the aforesaid amount should be adjusted in compensation amount and the Insurance company (appellants) shall ensure the remaining payment of compensation amount within two months from today.

shahid (Hemant Kumar Srivastava, J) U