Patna High Court - Orders
United India Insurance Company Ltd. vs Kumkum Devi Ors on 27 September, 2016
Author: Rajendra Kumar Mishra
Bench: Rajendra Kumar Mishra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12133 of 2013
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United India Insurance Company Limited, Bhagalpur, Through The
Manager And Constituted Attorney, Regional Office, United India
Insurance Company Limited, 3rd Floor, Chanakya Towers, R'Block, Patna
.... .... Petitioner
Versus
1. Kumkum Devi, W/o Lt. Sada Nand Sharma Resident Of Village Ram
Nagar, P.O. - Ramchandrapur, P.S. - Pipariya, Dist. Lakhisarai, Bihar
2. Rohit Kumar S/O Lt. Sada Nand Sharma, Minor And Are Under The
Natural Guardianship Mother, Res. 1) Resident Of Village Ram Nagar, P.O.
- Ramchandrapur, P.S. - Pipariya, Dist. Lakhisarai, Bihar
3. Chottu Kumar S/O Lt. Sada Nand Sharma, Minor And Are Under The
Natural Guardianship Mother, Res. 1) Resident Of Village Ram Nagar, P.O.
- Ramchandrapur, P.S. - Pipariya, Dist. Lakhisarai, Bihar
4. Sashi Bhushan Singh S/O Narendra Narain Singh Resident Of Station
Road, Fatuha, Po/Ps - Fatuha, Dist. - Patna (Owner Of Bus Bpp. 9783)
5. Tulee Prasad S/O Hari Charan Prasad Resident Of Village - Mahuli, P.S.
- Arrah, Dist. - Bhojpur (Driver Of Bus Bpp. 9783)
6. Shyam Prakash Shahi S/O Lt. Shiv Kumar Prasad Shahi Resident Of
Krishnapuri, Naya Tola, P.S. - Kazi Mohammadpur, Dist. Muzaffarpur,
(Owner Of Bus Br. 31a. 8119p)
7. Nagendra Sao S/O Tapeshwar Sao Resident Of Raghopur, P.S. - Paro,
Dist . Muzaffarpur (Driver Of Bus Br. 31a.8119p)
8. The New India Assurance Company Limited, Patna , (Insurer Of Bus Br.
31a. 8119p)
9. Parmanand Rai S/O Lt. Dewas Rai Resident Of Adalat Ganj, Po + Dist .
Patna (Owner Of Bus Bpq. 4615)
10. Harendra Singh S/O Bindeshwari Singh Resident Of Village Balba
Kwairi, Ps- Hazipur, Dist. Vaishali (Driver Of Bus Bpq. 4615)
11. The Oriental Insurance Co. Ltd., Bhagalpur (Insurer Of Bus Bpq. 4615)
12. The Oriental Insurance Co. Ltd, Hazipur (Insurer Of Bus Bpq. 4615)
13. The Oriental Insurance Company Limited, Munger
.... .... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Durgesh Kumar Singh
For the Respondents No. 11 & 13 : Mr. D.K. Singh
For the Respondents No. 8 : Mr. M.P. Jaiswal.
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CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
MISHRA
ORAL ORDER
2 27-09-2016Heard learned counsel for the petitioner and learned counsel for the respondents.
This application under Article 227 of the Constitution Patna High Court CWJC No.12133 of 2013 (2) dt.27-09-2016 2/2 is directed against the order dated 01.03.2013 passed in Claim Case No. 28 of 2001, whereby the Additional District Judge-cum- MACT Lakhisarai dismissed the application of the petitioner to review the Judgment and Award dated 20.01.2010/15.10.2010.
Learned counsel appearing on behalf of the petitioner submits that learned Additional District Judge-cum-MACT, Lakhisarai illegally rejected the review petition dated 04.10.2010 filed for review the judgment/award dated 25.01.2010/15.10.2010 passed in Claim Case No. 28 of 2001. He further submits that judgment/award has already been assailed through Miscellaneous Appeal No. 427 of 2013, in which notice is issued to the respondents.
Since the impugned judgment/award passed in Claim Case No. 28 of 2008 passed by the Additional District Judge-cum- MACT, Lakhisarai has been assailed in Miscellaneous Appeal No. 447 of 2013 before this Court. As such, I do not find any reason to interfere in the impugned order dismissing the review petition of the petitioner. Accordingly, this application is dismissed.
(Rajendra Kumar Mishra, J) Shail/-
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