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2017 Supreme(Pat) 48

HEMANT GUPTA, SUDHIR SINGH
United India Insurance Company Limited – Appellant
Versus
Most. Mangli Devi – Respondent


Advocates Appeared:
For the Appellant :Mr. Durgesh Kumar Singh, Advocate.
For the Respondents:Mr. Anjani Kumar, AAG-4, Mr. Shailendra Kumar, AC to AAG-4, Mr. Pramod Kumar, Advocate.

ORDER :

HEMANT GUPTA, J.

The matter has been placed before this Court in terms of an order passed by the learned Single Bench of this Court on 29.06.2016 wherein, it was noticed that an award has to be prepared in terms of Section 168 of the Motor Vehicles Act, 1988 (for short “the Act”) and a copy of which is required to be served within fifteen days, however, no period has been assigned for the purpose of preparation of award under the Bihar Motor Vehicle Rules, 1992. The Rule 243 of the Bihar Motor Vehicle Rules, 1992 deals with judgment but not an award. Therefore, the matter was placed before this court to clarify the provisions.

2. The practice within the jurisdiction of this Court is that the Tribunal records its judgment and then calls upon the claimant to furnish the court fee and on furnishing of court fee, the Tribunal prepares an award which gives right of appeal to the aggrieved parties and also a right to the claimant to seek execution of the award.

3. On 13.01.2017, when the matter came up for hearing before the Division Bench, the Court framed two questions which required determination but after hearing learned counsel for the parties, we re-frame the questions, which r




































































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