Patna High Court - Orders
The Divisional Manager, The Oriental ... vs Prem Lata Devi & Ors on 19 February, 2013
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
Patna High Court MA No.934 of 2011 (7) dt.19-02-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Appeal No.934 of 2011
In
C. REV. 135 of 2006
======================================================
The Divisional Manager, The Oriental Insurance Company Ltd.
.... .... Appellant/s
Versus
Prem Lata Devi & Ors
.... .... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Barun Kumar Choudhary
For the Respondent/s : Mr.
======================================================
CORAM: HONOURABLE MR. JUSTICE AKHILESH CHANDRA
ORAL ORDER
7 19-02-2013Heard.
Perused the report of the Claim Tribunal i.e. Court of Additional Judge, 3rd, F.T.C.- cum- Claim Tribunal at Bhagalpur, in connection with Claim Case No. 135 of 2006, Trial No. 40/2010, indicating that the award could not be prepared in want of deposit of deficit court fee and the record was deposited in the record room, such practice is contrary to the provisions of law. Preparation of award is not dependent upon deposit of deficit court fee. The courts are expected to go through the provisions as contemplated under Order XX and XXA of the Code of Civil Procedure, 1908, which deals with the contents of decree and preparation of award in time etc., such provisions are relevant for preparation of award in the motor vehicle accidents claim cases also as per rules Patna High Court MA No.934 of 2011 (7) dt.19-02-2013 framed therein. The Tribunal while preparing the award may indicate the amount paid or to be paid by either of the side as the case may be, and at the relevant time, due amount may be realized according to the provisions as prescribed under the Act.
Court below is directed to at once prepare the award in the light of observations made above and at once report along with copy thereof.
Order be communicated to the court below, as aforesaid, through Fax at the cost of appellant.
Rajeev/- (Akhilesh Chandra, J)