Ramdeo Sah v. The New India Insurance Company Ltd. Through Chairman Cum Managing Director Sri G.Sri Nivasan An

Patna High Court MJC No.3449 of 2015 (2) dt.09-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3449 of 2015 In MA 645 of 2000 ====================================================== Ramdeo Sah, Son of Late Bachchan Sah, resident of Village- Tetaria, P.O.- Tetaria, P.S.- Rajepur, District- East Champaran. .... .... Petitioner

Versus

1. The New India Insurance Company Ltd. through Chairman Cum Managing Director Sri G. Sri Nivasan, Head Office, New India Insurance Building No. 87 M.G. Road Fort Bombay- 400023.

2. Harsh Prasad, Driver Son of Lakhan Bhagat, resident of VillageGheghwa, P.S.- Madhubani, District- East Champaran.

3. Kumari Rigini Thakur, W/o Kaushal Kishore Thakur, resident of Mohalla- Belbanawa Motihari, P.S.- Town, District- East Champaran. .... .... Respondents ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Kumar Pandey For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 09-03-2016 Heard learned counsel for the petitioner and learned counsel for the State.

This is a petition for contempt for non-compliance of order dated 06.08.2010 passed in M.A. No. 645 of 2000 for grant of compensation under the Motor Vehicle Act.

The award given under Motor Vehicle Act is implemented under Section 174 of Motor Vehicle Act. Having regard to the fact there is special provision for recovery of money from the Insurance Company provided under Section 174 of the Motor Vehicle Act and so the order is required

Patna High Court MJC No.3449 of 2015 (2) dt.09-03-2016 to be implemented by the forum provided by law. The contempt proceeding is not to implementation of the award or degree. Hence, the contempt petition is not maintainable and is hereby dismissed.

m.p.

(Gopal Prasad, J) U T