IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.313 of 2003 NATIONAL INSURANCE COMPANY Versus SUMA DEVI & ORS ----------- 8. 03.09.08. No body appears for the respondents. Heard learned counsel for the appellant, the National Insurance Company. The order dated 9. 5. 03 passed in Motor Vehicle Accident Claim Case No. 11/02/12/03 by the 3rd Addl. District Judge-cum-Presiding Officer of the Motor Accident Claims Tribunal, Nawadah, on the petition filed under Section 140 of Motor Vehicles Act. Claimants Suma Devi, Mithilesh Yadav, Sangeeta Kumari, Sumitra Kumari and Sema Kumari, as the wife and children of the deceased Krishna Yadav, who met an accident and ultimately died have filed this petition. As per Claim Petition, he was returning on the said tractor. It is stated in the petition that deceased was earning Rs. 2,000/- (Two thousand) per month. Learned court below has passed order, directing the appellant to pay Rs. 50,000/- (Fifty thousand). Having considered the plea of appeal and the impugned order, I am not persuaded to interfere with the impugned order for the reason that more than five years has been elapsed after passing of the order and that the matter in respect of consideration of plea of the appellant that the learned Motor Accident Claim Tribunal has entered into trial of the case and examined all the papers and hence the stage of Section 140 is over. With the aforesaid observations, this appeal shall stand disposed 2 of with a direction to make payment of the amount as ordered, if not paid and it will be held that it was liability of the owner of the vehicle, then amount so paid by the appellant Insurance Company may be realised from the owner of the vehicle. m.p. (Subash Chandra Jha,J)