Sabita Devi v. The National Insurance Company Ltd. And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1828 of 2016 In Civil Writ Jurisdiction Case No.8989 of 2016 ====================================================== Sabita Devi w/o Late Shiv Narayan Singh, resident of village + P.O. Gokhula via Deoriya, District Mazaffarpur ... ... Appellant/s

Versus

1. The National Insurance Company Ltd. its Head office at 3, Middlenton Street, Kolkatta- 770071through its Chief Managing Director

2. The Regional Manager, National Insurance Company Ltd. Regional Officer at Sone Bhawan, 4th Floor, Birchand Patel Marg, R- Block, Patna 800001

3. Senior Divisional Manager, National Insurance Company Ltd, Divisional Office at P and T chowk, Gaushala Road, Ramna, District Muzaffarpur

4. Branch Manager, National Insurance Company Ltd. Branch Office at Bunni Market Kalyani Chowk, District and town Muzaffarpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mrs Archana Shahi Mr. Alok Kumar @ Alok Kr Shahi For the Respondent/s :

Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI and HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER (Per: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI) 13-12-2017 Delay of 35 days in preferring the appeal is condoned. I.A. No.7805 of 2016 is allowed. Matter is taken up on merits thereafter.

Dismissal of the writ application by giving leeway and recourse to the appellant to seek alternative remedy in the form provided in a disputed claim cannot be said to be an erroneous order, which is required to be interfered with. Appeal has no merit. Appeal is dismissed.

Patna High Court LPA No.1828 of 2016(3) dt.13-12-2017 2/2 The observation made by the learned Single Judge with regard to remedy can still be available to the appellant. (Ajay Kumar Tripathi, J) ( Rajeev Ranjan Prasad, J) sk U