Patna High Court - Orders
M/S National Insurance Co.Ltd. vs Ram Prasad Manjhi & Ors on 23 July, 2013
Author: Jyoti Saran
Bench: Jyoti Saran
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.29 of 2003
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M/S National Insurance Co. Ltd.
.... .... Appellant/s
Versus
Ram Prasad Manjhi & Ors
.... .... Respondent/s
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Appearance :
For the Appellant/s : Mr. Ashok Priyadarshi
For the Respondent/s : Mr. Ramesh Singh
Mr. Harendra Nath Ojha
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CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN
ORAL ORDER
21 23-07-2013Perused the office notes.
It is reported by the office that the order dated 13.1.2012 passed by the Lawazima Board requiring the learned counsel for the appellant to rectify the defect in the memo of appeal by removing the word 'Most.' from the name of the claimant-respondent no.2 inasmuch as the husband of claimant no.2 is yet alive, has not been carried out by the learned counsel for the appellant.
The records manifest that the matter having been listed several times since the order of the Lawazima Board, this error is yet to be removed. Yesterday when this matter was listed for orders 'on office notes' this Court noticing the continued absence of learned counsel for the appellant, Mr. Jageshwar Prasad Sinha, requested the Standing Counsel for the National Patna High Court MA No.29 of 2003 (21) dt.23-07-2013 2 Insurance Company Limited, Mr. Ashok Priyadarshi to assist the Court. Pursuant to the request Mr. Ashok Priyadarshi has appeared and submitted that in view of the report of the Additional District Judge-1-cum-Motor Vehicle Accident Claim Tribunal, Jehanabad placed at flag 'Q' the draft can be prepared in the name of claimant no.2, Akali Devi by removing the word 'Most.'.
In view of the circumstances noted hereinabove and the report of the tribunal placed at flag 'Q' let a fresh draft be prepared in the name of Akali Devi, claimant no.2' after removing the word 'Most.' and the technicality occurring in view of status of the claimant-respondent no.2 as appearing in the memo of appeal shall not come in the way thereof. The office note is disposed of.
(Jyoti Saran, J) SKPathak/-