Harish Kumar v. The United India Insurance Company Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11045 of 2022 ====================================================== Harish Kumar, Son of Bechan Roy, resident of Village-Budra, P.O.-Budra, P.S.-Athmalgola, District-Patna.

... ... Petitioner/s

Versus

1.

The United India Insurance Company Limited Ranjan Complex, Ranchi Road, Biharsharif, Nalanda through its Branch Manager. 2.

The Branch Manager, United India Insurance Company Limited Ranjan Complex, Ranchi Road, Biharsharif, Nalanda.

3.

The District Transport Officer, Biscomaun Bhawan, Fourth Floor, Patna. 4.

The S.H.O., Athmalgola Police Station, District Patna. 5.

The Principal Secretary of Transport Department, Patna. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

None For the Respondent/s :

Mr. Anil Kr. Singh (GP26) ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 03-11-2022 Petitioner has prayed for the following relief(s):- "I. For direction to the respondent no.2 to pay the insured value of tractor and tailor which comes to Rs.4,35,000/- and Rd.55,000/- respectively to the petitioner where tractor and tailor has been stolen and the Police has submitted the final form with finding that the tractor registration number BR-01GH-0716 and Trailer number BR -01GH-1098 is traceless and as such the petitioner is entitled to get the get insured value of the tractor and trailor as incident was taken place before the

Patna High Court CWJC No.11045 of 2022(3) dt.03-11-2022 2/2 expiry of Insurance. The petitioner has filed the representation before the respondent no.2 for payment of the insured value of the tractor and trailer but it has not been paid to the petitioner uptill-now. II. For grant of such other relief(s) for which the petitioner is found to be entitled in the facts and circumstances of the case."

On 12.08.2022, we had passed the following order :- "Despite repeated calls, none has entered appearance on behalf of the petitioner. However, in the interest of justice, matter is adjourned.

List this case on 17th of August, 2022."

Even today, despite repeated calls, none has entered appearance on behalf of the petitioner. However, learned counsel for the respondent is present.

As such, the present petition stands dismissed for default.

(Sanjay Karol, CJ) ( Partha Sarthy, J) Spd/-Ashwini U