The New India Assurance Company Limited , And ANR v. The State Of Bihar And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.1432 of 2015 In Civil Writ Jurisdiction Case No. 21341 of 2014 ======================================================
1. The New India Assurance Company Limited, through Chief Regional Manger, Regional Office, 7th Floor, BSFC Building, Frazer Road, Patna.
2. The Deputy Manager, The New India Assurance Company Limited, through Regional Manger, Regional Office, 7th Floor, BSFC Building, Frazer Road, Patna.
.... .... Respondent nos. 7 & 8 in CWJC No. 21341/2014 Petitioner/s
Versus
1. The State of Bihar through Director General of Police, Bihar, Patna.
2. The Commandant, Central Reserve Police Force, malayapur, Jamui, patna.
3. The Union of India through the Police Inspector General, Central Reserve Police Force, Patna.
4. The Police Inspector General (Operation), Bihar, Patna.
5. The Poice Deputy Inspector General, Central Reserve Police Force, Patna.
6. The Regional Police Deputy Inspector General, Magadh Range, Bihar Police, Gaya Bihar.
Respondent's no. 1 to 6 in CWJC No. 21341 /2014/ Respondent 1st Set.
7. Smt. Pushpa Kumari wife of Late Ravi Ranjan Kumar, resident of Village- Nima Post- Jamuk, P.S.- Jehanabad, District- Jehanabad. Petitioner in CWJC No. 21341 /2014/ Respondent 2nd Set. ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar Singh Vikram, Advocate.
For the Respondent/s :
Mr. Sandeep Kumar, GA-8 ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 21-08-2015 Heard learned counsel for the parties.
Pursuant to the earlier order of this Court dated 23.07.2015, which reads as follows:
"Having regard to the prayer made in this modification application that the Insurance Company on its own volition is ready to pay the amount of compensation to the writ petitioner Smt. Pushpa Kumari a sum of Rs.16,75,000/-, this Court in order to test the bonafide of the Insurance Company would direct it to produce the Bank draft/ Banker's cheque in the name of Smt. Pushpa Kumari not only for the aforementioned amount of Rs.16,75,000/- but also amount of interest @ 8% per annum for the period of 21⁄2 years keeping in view the repudiation claim by the
Patna High Court MJC No.1432 of 2015 (3) dt.21-08-2015 2/2 Insurance Company on 23.1.2013.
Put up this case after four weeks under the same heading.", learned counsel for the New India Assurance Company Limited had produced a bank draft of a sum of Rs. 19,50,196/-(Nineteen lacs fifty thousand one hundred ninety six only) against the amount of Rs. 20,18,995/- (twenty lacs eighteen thousand nine hundred ninety five only) explaining that rest of the amount of Rs. 68799/- (Sixty eight thousand seven hundred ninety nine only) has been deducted by way of tax deduction at source (T.D.S.). In that view of the matter, the order of this Court dated 19.01.2015 in C.W.J.C. No. 21341 of 2014 is recalled as the petitioner gets relief sought for in C.W.J.C. No. 21341 of 2014. Let the bank draft produced by the learned counsel for the New India Assurance Company Limited be handed over to the learned counsel for the petitioner after obtaining receipts. This application is, accordingly, disposed of. (Mihir Kumar Jha, J) Sujit/- U