Dhanesh Manjhi v. Ram Pravesh Rai And ANR.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.528 of 2013 ====================================================== Dhanesh Manjhi, Son of Dularchand Manjhi, Resident of Village- Gangawa Tola Badarjimi, P.S.- Ekma, District- Saran at Chapra. ... ... Appellant/s

Versus

1. Ram Pravesh Rai, Son of Late Hardeo Rai, Resident of Village and P.O. - Narharpur, P.S. - Marhaura, District - Saran at Chapra owner of the Vehicle

2. The Branch Manager, New India Assurance Co. Ltd., Singh Kutir, at Municipal Chowk, P.O.- Chapra, P.S.- Chapra (Town), District- Saran at Chapra ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.

For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-01-2019 No one appears on behalf of the appellant.

This appeal has been filed by the claimant for enhancement of the compensation awarded under the provision of the Motor Vehicles Act.

Respondent no. 1, the owner of the vehicle has already died. His heirs have not been substituted and this appeal has also been rejected against respondent no. 1. In the circumstances, the appeal can not proceed in absence of respondent no. 1.

Accordingly, this appeal stands dismissed as whole. (Birendra Kumar, J) Kundan/Rajan U