Patna High CourtCWJC/11498/2013dismissed

The New India Assurance Company Ltd. v. Dr. Pramod Kumar Singh @ Dr. Parmod Singh And ORS

2016-08-02Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11498 of 2013 =========================================================== The New India Assurance Company Ltd. Branch Manager, Ganesh Market, G.T. Road, Sasaram, through the Deputy Manager and Duly constituted Attorney, Regional Office, The New India Assurance Company Ltd. 6th Floor, BSFC Building, Frazer Road, Patna .... .... OP 2/petitioner

Versus

1. Dr. Pramod Kumar Singh @ Dr. Parmod Singh son of Sri Jagarnath Singh @ Bagi Singh, resident of village, Jamuhar P.S. Dehri, Rohtas ...Claimant/Responden

2. Sri Samar Singh son of Sri Ashok Kumar Singh, resident of village/P.O. Phusro P.S. Bermo, Giridih ... OP-1/Respondent

3. Chhotan Paswan, son of Ramashish Paswan, resident of village Banlia Road, Sasaram ... OP-3/Respondent =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 02-08-2016 Heard the counsel for the petitioner and Mr. Jha for the respondents.

On his own showing, it appears the petitioner has challenged the award passed by the Motor Vehicles Accident Claims Tribunal in Misc. Appeal No. 358 of 2013. The writ application, in my view, has become irrelevant. The claim of the petitioner shall be adjudicated in the pending appeal.

The counsel for the petitioner has pointed out that although the miscellaneous appeal filed by the petitioner stands dismissed for non compliance of the peremptory order, but steps have been taken to get the same restored as owing to the circumstances beyond the control of the petitioner-appellant the order could not be complied with

Patna High Court CWJC No.11498 of 2013 dt.02-08-2016 2/2 within time.

Be that as it may, as the petitioner has already assailed the order passed by the Motor Vehicles Accident Claims Tribunal, Rohtas at Sasaram in this Court, in my view, the present writ application has become redundant. It is dismissed as such.

(Kishore Kumar Mandal, J) HR/- U