Advocates:
['Abhay Kumar Sinha', '', 'Gyanendra Kumar Singh', 'Rajen Sahay']

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Appeal No.383 of 2022

======================================================

National Insurance Co. Ltd. Patna. through Regional Manager, 4th Flor, Sone

Bhawan, Bir Chand Patel Marg, Patna-1 (Insurer of Truck Bearing No.-BR-

01GD/6851)

... ... Appellant/s

Versus

1.

Kiran Devi Wife of Late Ram Janam Singh Resident of Village-Kaupadih,

P.O.-Jaipur, P.S.-Muffasil (Sasaram), District-Rohtash

2.

Abhishek Kumar S/o Late Ram Janam Singh Resident of Village-Kaupadih,

P.O.-Jaipur, P.S.-Muffasil (Sasaram), District-Rohtash

3.

Kriti Kumari D/o Late Ram Janam Singh Ninor Daughter respectively of

Deceased Ram Janam Singh, Being represented through their Mother Kiran

Devi, the Claimant No.-01) Resident of Village-Kaupadih, P.O.-Jaipur, P.S.-

Muffasil (Sasaram), District-Rohtash

4.

Aman Kumar S/o Late Ram Janam Singh Minor Son respectively of

Deceased Ram Janam Singh, Being represented through their Mother Kiran

Devi, the Claimant No.-01) Resident of Village-Kaupadih, P.O.-Jaipur, P.S.-

Muffasil (Sasaram), District-Rohtash

5.

Ranjit Kumar Singh Son of Thakuri Singh Resident of Village-Rana Bigha,

P.O. and P.S.-Barh, District-Patna (Owner of Truck Bearing No.-BR-

01GD/6851)

6.

Anuj Mahto Son of Rajeswar Mahto Resident of Village-Dhibar, P. O.-Barh,

P.S.-NTPC, Barh, District-Patna (Driver of Truck Bearing No.-BR-

01GD/6851)

... ... Respondent/s

======================================================

Appearance :

For the Appellant/s

:

Mr.Abhay Kumar Sinha, Advocate

For the Respondent/s

:

Mr.Rajen Sahay, Advocate

======================================================

CORAM: HONOURABLE MR. JUSTICE RAJIV ROY

ORAL ORDER

2

05-12-2022

The present Miscellaneous Appeal is directed against

the order and judgment dated 24.3.2022 passed in MACT Claim

Case No. 93 of 2017 by which the learned Additional District

Judge-XVIII, Patna allowed the claim petition with a direction

to the Insurance Company to pay Rs. 57,52,004/- with 6 per cent

interest.

Patna High Court MA No.383 of 2022(2) dt.05-12-2022

2/3

Now, a joint compromise petition has been preferred

duly signed by the appellant, the National Insurance Company

Limited as well as claimants-cum-respondent No. 1 to 4 which

states as follows :-

“03. That, in the meantime, due to

intervention of well wishers, family and

friends, the Respondent No. 1 to 4 i.e.

Claimants have agreed to settle the present

case with the Appellant-National Insurance

Co. Ltd. Without any fear, force or coercion

for Rs. 62,55,000/- (Sixty-two Lakhs Fifty-

five Thousand) as full and final settlement

of the present Appeal and an A/c Payee

Cheque be prepared in favour of Respondent

No.-1 i.e. Kiran Devi and be deposited

before the concerned Ld. Tribunal within 30

days from the date compromise arrived at.

04. That, the Appellant-National Insurance

Co. Ltd, wants to keep the Right of Recovery

as granted by the Ld. Tribunal retained as

against the Opp. Party No.-2 i.e. Owner and

Opp. Party No.-3 i.e. Driver of alleged

Patna High Court MA No.383 of 2022(2) dt.05-12-2022

3/3

vehicle involved in the accident and for

which Claimants have no objection.

The counsel for the appellant has served the original

copy of the compromise petition.

In view of the fair stand taken by both the parties, the

compromise petition dated 22.11.2022 is hereby accepted.

Accordingly, the M.A. No. 383 of 2022 stands

disposed of.

ajaysingh/-

(Rajiv Roy, J)

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