IN THE HIGH COURT OF JUDICATURE AT PATNA
MA No.651 of 2009
DIVISIONAL MANAGER, National Insurance Company Ltd., Santi
Market Charch Road, Gaya represented through Shri Anjani
Kumar working as A.O.and duly constituted attorney of
National Insuracne Company havin its Regional Office at 4th
Floor, Sone Bhawan, P.S. - Sachiwalaya, District - Patna.
-------- Appellant ---- O.P.No.4.
Versus
1. GYAN CHANDRA SALUJA @ DHYANCHANDRA SALUJA, son of Sanwarmal
Saluja.
2. Kabita Saluja, wife of late Eqbal Saluja @ Vicky
3. Akash saluja, Minor son of late Eqbal Saluja
4. Anjali Saluja, Minor daughter of Eqbal Saluja
Minors are represented through there next friend and natural
Guardian, mother respondent no.2
All are resident of Mohalla - Gurudwara Road, P.S. Kotwali,
District - Gaya.
------Claimants --- Respondent 1st Set.
5. Oriental Insurance Company through its Divisional Manager,
Gaya Division situated at R.J. Palace, Rai Kasinath more
Swarjpuri Road, P.S. Civil Line District - Gaya, Insurer of
truck bearing its Reg. No. WB37A-0406.
------- Opposite Party No.1
6. Raj Kishore Mahto, son of P.N. Mahto, resident of
Kalipahari, P.O. and P.S. - Assansole, District - Bardawan,
Owner of Truck bearing its Reg. No. WB37A/0406,
------- Opposite Party no.2
7. Nathun Prasad, son of Late Ramchandra Prasad, resident of
Mohalla - Telbigha Rangbadhur Road, P.S.Kotwali, District -
Gaya, Owner of Vehicle bearing Reg. No. BR2E5643.
-----Opposite Party no.3 --- Respondent 2nd Set.
***
For the Appellant : Shri Shailendra Kumar, Adv
****
04. 20.07.2010 Heard learned counsel for the
appellant, who expressed difficulty in
ascertaining of actual address of respondent
nos. 1 to 4 who as per service report, after
disposing of their house left the place. During
the course of submission, finding the case
2
before the court below bearing Motor Accidents
Claims Case No. 11/2009 pending in the court of
Additional District Judge VI, Gaya, as appears,
it was filed under section 166 of the Motor
Vehicles Act. It was advised to the appellant
to satisfy the liability as per order of the
court below under section 140 of the Act,
subject to final adjudication as to which of
the insurance company is liable to compensate
the claimants and to what extent the suggestion
is accepted.
In view of the above, this appeal
itself is hereby disposed of without any
adjudication on merit, leaving the extent of
liability inter se between the two insurance
companies involved to be decided by the claim
tribunal as submitted by learned counsel for
the appellant by framing specific issue. The
appellant shall pay the amount under award with
interest within a month. The statutory amount
deposited with this appeal be transmitted to
the court below through demand draft in the
names of claimants towards payment of
compensation.
Rajeev/
(Akhilesh Chandra, J.)