The National Insurance Company v. Prabha Mihsra And ORS.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.521 of 2010 ======================================================

1. The National Insurance Company Limited through its Chairman having its Registered Office at 3 Middleton Street Post Box No. 9229, Kolkatta-700071

2. The National Insurance Company Limited through its Divisional Manager, Divisional Office at 11 S.D.M. Road Indergunj, Charwaha, Lashkar, Town Gyalior, District - Gwalior, Madhya Pradesh.

3. The National Insurance Company Limited through its Branch Manager, Branch Office at Town Gwalior, District - Gwalior, Madhya Pradesh. ... ... Appellant/s

Versus

1. Prabha Mihsra, wife of Durga Nand Mishra.

2. Durga Nand Mishra, Son of Late Kanihya Mishra, both are resident of Mohalla - Khawa Gali, Chand Choura, P.S.-Civil Lines, Town and District - Gaya.

3. Shri Manmohan Singh, Son of Late Bhagwan Singh, resident of Golpahadia, Takahra Road, District - Gwalior, District - Gwalior (M.P.) (Driver of Truck bearing its Reg. No. MP 07G 5222).

4. Shri Jitendra Singh Kushwaha, Son of Shri Uday Veer Singh, Golpada, Gwealior, District - Gwalior, Madhya Pradesh - 474009 (Owner of the Truck bearing its Reg. No. MP 07G 5222).

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

For the Appellant/s :

Mr. Shailednra Kumar For the Respondent/s :

Mr. Sushmita Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 29-10-2018 Heard learned counsel for the appellants and learned counsel for the respondent nos. 1 and 2.

After some argument, learned counsel for the appellants seeks permission to withdraw this appeal. Permission is granted.

Accordingly, this appeal is dismissed as withdrawn. Let the statutory amount deposited by the appellant be sent down to the learned Tribunal through cheque in the name of

Patna High Court MA No.521 of 2010(11) dt.29-10-2018 2/2 respondent no.1 Prabha Mishra for adjustment in the awarded amount of compensation.

However, the appellant is directed to make payment of the awarded amount of compensation and the interest thereon as awarded by the learned Tribunal to the claimants within two months of this judgment.

(Prakash Chandra Jaiswal, J) mantreshwar/- U