Rajwanti Kuer v. The National Insurance Company Ltd. Through The Branch Manager And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.2038 of 2017 Arising out of M.A. No. 252 of 2011 ====================================================== Rajwanti Kuer .... .... Petitioner/s

Versus

The National Insurance Company Ltd. Through The Branch Manager & Ors .... .... Respondent/s ====================================================== Appearance:

For the Petitioner/s : Mr. Siddharth Harsh, Advocate. For the Respondent/s : Mr. Harendra Kumar, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 08-09-2017 Both the learned counsels for the appellant and respondents are present.

Perused the record.

This MJC application has been filed for restoration of M.A. No. 252 of 2011 to its original number with the case that the aforesaid Miscellaneous Appeal was rejected on 31.03.2013 due to non-compliance of the order dated 17.01.2013 of this court to deposit statutory amount. She being a helpless and destitute lady could not manage the money and deposit the same in the court due to sudden demise of her husband in the motor vehicle accident. There has been no latches on her part in the rejection of the said appeal rather due to aforesaid reason. Learned counsel for the respondents opposed the

Patna High Court MJC No.2038 of 2017 (2) dt.08-09-2017 2/2 prayer of the petitioner.

In view of the aforesaid submission and in the interest of justice, this MJC application is allowed and M.A No. 252 of 2011 is restored to its original number. The appellant is directed to deposit the statutory amount within one week, failing which this appeal shall stand rejected without further reference to a Bench against the concerned respondents.

(Prakash Chandra Jaiswal, J) Mishra/- U