Sachchidanand @ Sachchdanand Pandey @ Karu v. Vikky Kumar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.1112 of 2016 ====================================================== Sachchidanand @ Sachchdanand Pandey @ Karu son of Vidya Ratna Pandey Resident of Village - Bhadauni, P.O. P.S. - Nawada, District - Nawada. ... ... Appellant/s

Versus

1.

Vikky Kumar and Ors son of Late Sanjay Yadav @ Shailendra Kumar Singh Resident of Mohalla - Sohankuan, Ramchandrapur, P.S. - Laheri, District - Nalanda Owner of Star Bus bearing No. BR 21C - 5965. 2.

Baleshwar Paswan Son of Late Saryug Ram resident of village - Amarpur, P.S. Rajpur, District Rohtas Driver of Star Bus bearing No. BR. 21C - 5965. 3.

The Branch Manager, The Reliance General Insurance Company Ltd. Branch Insurance Office 301/302, Ka vide Policy No. 2401792340002176, Valid from 25.07.2009 to 24.10.2020 Insurer of Star Bus bearing No. BR. 21C - 5965 Sanjay Travels.

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

For the Appellant/s :

Mr.Dronacharya, Sr. Adv.

Mr. Ram Shankar Kumar, Adv.

For the Respondent/s :

Mr. Durgesh Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-02-2023 Heard Mr. Ram Shankar Kumar, learned counsel for the appellant as well as Mr. Durgesh Kumar Singh, learned counsel for the Insurance Company, the respondent. It has jointly been submitted that the matter has been compromised out of Court, and it has been agreed between the parties that the Insurance Company shall pay Rs. 3,50,000/- in addition to the awarded amount of Rs. 2,66,000/- to the claimant the appellant after deducting the amount paid under Section 140 of the M.V. Act, if any.

Learned counsel for the Insurance Company has

Patna High Court MA No.1112 of 2016(6) dt.16-02-2023 2/2 submitted that though a cheque has already been handed over to the claimant which was deposited in the court below in respect of the awarded amount, but that cheque has become stale as it has not been liquidated.

The appellant is directed to return the stale cheque to the Insurance Company and the Insurance Company is directed to refund the entire amount through electronic mode in the bank account of the appellant. The entire amount must be paid within a period of two months from today. Other observations made by the learned court below will remain intact.

With these observations, this miscellaneous appeal is disposed of.

(Nawneet Kumar Pandey, J) SONALI/- U