In an oral order dismissing a miscellaneous appeal where the appellant deposited the award amount but failed to file a substitution petition due to the death of the vehicle owner.
Miscellaneous Appeal stands abated. Amount deposited by appellant in lower court to be disbursed to the claimant.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.991 of 2010
====================================================== Divisional Manager, National Insurance Company Ltd., Charch Raod, Gandhi Maidan, P.S.-Civil Lines, District-Gaya represented through Shri Anjani Kumar working as A.O. and duly constituted attorney of National Insurance Company having its Regional Office at 4th Floor, Sone Bhawan, P.S.-Sachiwalaya, District-Patna.
.... .... Appellant/s
Versus
.... .... Respondent/s
====================================================== Appearance:
For the Appellant/s : Mr. Shailendra Kumar, Advocate. For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL
ORAL ORDER
7 30-08-2017 Learned counsel for the appellant submitted that the award amount has been deposited by the appellant in the court below for its disbursement to the claimant and the owner of the vehicle has died, but no substitution petition has been filed by the appellant.
Due to not filing of substitution petition in respect
Patna High Court MA No.991 of 2010 (7) dt.30-08-2017
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of the owner of the vehicle within the stipulated period, this appeal stands abated.
Let the amount deposited by the appellant in the court below be disbursed to the claimant, if not made earlier and the lower court record be sent to the court below.
(Prakash Chandra Jaiswal, J)
Mishra/-
U
1 issue framed by the court
Whether the miscellaneous appeal abates due to non-filing of substitution petition within the stipulated period after the death of the vehicle owner?
Divisional Manager, National Insurance Company Ltd.
Sonamati Devi
Chauti Yadav
Gayarsi Yadav
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
