The appellant filed an appeal against a compensation award. Respondents' counsel stated the compensation was already received in 2010, rendering the appeal infructuous. The court discharged the appellant of any statutory deposit.
Appellant discharged from statutory deposit; appeal disposed of as infructuous.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Appeal No.313 of 2006
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New India Assurance Company Kataras Road Dhanbad through its Deputy and Duly constituted Attorney Sri Dibakar Bag Regional Office 6th floor BSFC Building Fraser Road Patna.
... ... Appellant/s
Versus
... ... Respondent/s
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Appearance : For the Appellant/s : Mr. Durgesh Kumar Singh, Advocate For the Respondent/s : Mr. Pushpendra Kumar Singh, Advocate
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CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL JUDGMENT
Date : 07-12-2022
Heard Mr. Durgesh Kumar Singh, learned counsel for the appellant and Mr. Pushpendra Kumar Singh, learned counsel who represent the respondents.
The present appeal is directed against the judgment dated 24.04.2006 and award dated 15.06.2006 passed by the learned Additional District Judge/FTC No.2 cum Motor Vehicle Claims Tribunal Cum Sitamarhi (henceforth for short ‘the Tribunal’) in Claim Case No.10 of 2001 /8 of 2005 by which the learned Tribunal gave direction for payment of compensation amount of Rs.9,32,092/- within a period of one month.
Patna High Court MA No.313 of 2006 dt.07-12-2022
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At the outset, Mr. Pushpendra Kumar Singh, learned counsel for the respondents submit that the claimants-respondents have already received the compensation amount way back in the year 2010 and as such the appeal has lost its merit.
Mr. Durgesh Kumar Singh submits that he is unaware of the said fact and was not apprised about it even by the appellant side.
In view of the categorical statement made by Mr. Pushpendra Kumar Singh, learned counsel for the respondents that the respondents have already received the compensation amount in the year 2010, this appeal has become infructuous.
The appellant company is entitled to get back statutory amount, if any, that was deposited.
The appeal is accordingly disposed of.
(Rajiv Roy, J)
| Prakash Narayan | |
|---|---|
| AFR/NAFR | NAFR |
| CAV DATE | NA |
| Uploading Date | 08.12.2022 |
| Transmission Date | NA |
New India Assurance Company Kataras Road Dhanbad
Smt. Rekha Jha
Mukund Kumar Jha
Smt. Anamika Devi
Harendra Mishra
Pintu Singh
Rajiv Roy
As recorded by the court registry
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