Divisional Manager, National I v. Sonamati Devi And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.992 of 2010 ====================================================== Divisional Manager, National Insurance Company Ltd., Charch Raod, Gandhi Maidan, P.S.-Civil Lines, District-Gaya represented through Shri Anjani Kumar working as A.O. and duly constituted attorney of National Insurance Company having its Reginal Office at 4th Floor, Sone Bhawan, P.S.-Sachiwalaya, District-Patna.

.... .... Appellant/s

Versus

1. Sonamati Devi, wife of Late Chandu Manjhi, Resident of Village - Punakala, P.S.-Paraiya, District-Gaya.

2. Chauti Yadav, Son of Name not known (Owner of the Tractor its bearing Reg. No. BR-2E/3821).

3. Gayarashi Yadav, Son of Name not known, Both resident of village Punakala, P.S.-Paraiya, District-Gaya.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Shailendra Kumar, Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 30-08-2017 From perusal of the records, it appears that the appellants have not complied with the order dated 27.04.2017 regarding filing of affidavit of jointness and substitution petition in respect of respondent no.2 and taking steps for issuance of fresh notice upon respondent no.3 in his correct name. Learned counsel for the appellant submitted that the award amount has been deposited by the appellant in the court

Patna High Court MA No.992 of 2010 (7) dt.30-08-2017 2/2 below for its disbursement to the claimant.

As no substitution petition has been filed by the appellant in respect of the owner of the vehicle within stipulated period, this appeal stands abated.

Let the amount deposited by the appellant in the court below be disbursed to the claimant, if not made earlier and the lower court record be sent to the court below. (Prakash Chandra Jaiswal, J) Mishra/- U