Punam Devi v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19681 of 2016 Arising Out of PS. Case No.-55 Year-2009 Thana- MORKAHI District- Khagaria ====================================================== Punam Devi W/o Late Ram Singh, Resident of Village - Icharua, P.O. - Amba, P.S. - Alauli, District - Khagaria at present D/o Sri Jagdhar Ray, Village - P.O. - Bishanpur, P.S. - Dadari, District - Begusarai. ... ... Petitioner/s

Versus

1.

State Of Bihar 2.

Bharo Singh, Son of Late Sundar Singh, Resident of Village - Icharua, P.s. - Alauli, P.S. - Amba, District - Khagaria.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amrit Abhijat, Advocate For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-09-2023 Heard Mr. Amrit Abhijat, learned Counsel for the petitioner and the State.

2. This application has been preferred for quashing the paragraph No. 21(e) of order dated 15.04.2014 passed by learned 1st Additional District Judge-Motor Vehicle Accident Claim Tribunal, Khagaria in S.C. NO. 15/2020 arising out of death reference No. 02/2012 (Reference Appeal against the judgment of conviction and order of sentence dated 08.02.2012/14.02.2012 passed in Session Case No. 15/2010 arising out of Morkahi P.S. Case No. 55 of 2009 passed by in compliance of judgment of acquittal dated 3.1.2014 passed by this Hon'ble Court directing learned Court below to pass compensation to the next of kin of 16 deceased in terms of

Patna High Court CR. MISC. No.19681 of 2016(5) dt.13-09-2023 2/2 Section 16(3) 2nd Schedule of the Motor Vehicle Act, 1988 wherein the learned Court below has been pleased to direct the State to pay compensation amount of 2,58,000/- in favour of Opposite Party No.2 his father ignoring the petitioner who is widow and class 1 legal heir of husband Late Ram Singh.

3. It is the case of the petitioner that while making compensation, wrongly the Court hold that it should be provided to the father of deceased in place of the widow-petitioner.

4. Learned APP submits that the matter is of 2014, pursuant thereto payment may have been made and as such it will be appropriate that the petitioner approach the concerned Court for any relief as already decade has passed.

5. Faced with that situation, learned Counsel for the petitioner submits that he may be given liberty to approach the concerned Court.

6. Accordingly, the petition stands disposed of with the aforesaid liberty.

(Rajiv Roy, J) kiran/- U T