IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.651 of 2009 DIVISIONAL MANAGER, National Insurance Company Ltd., Santi Market Charch Road, Gaya represented through Shri Anjani Kumar working as A.O.and duly constituted attorney of National Insuracne Company havin its Regional Office at 4th Floor, Sone Bhawan, P.S. – Sachiwalaya, District – Patna. -------- Appellant ---- O.P.No.4. Versus 1. GYAN CHANDRA SALUJA @ DHYANCHANDRA SALUJA, son of Sanwarmal Saluja. 2. Kabita Saluja, wife of late Eqbal Saluja @ Vicky 3. Akash saluja, Minor son of late Eqbal Saluja 4. Anjali Saluja, Minor daughter of Eqbal Saluja Minors are represented through there next friend and natural Guardian, mother respondent no.2 All are resident of Mohalla – Gurudwara Road, P.S. Kotwali, District – Gaya. ------Claimants --- Respondent 1st Set. 5. Oriental Insurance Company through its Divisional Manager, Gaya Division situated at R.J. Palace, Rai Kasinath more Swarjpuri Road, P.S. Civil Line District – Gaya, Insurer of truck bearing its Reg. No. WB37A-0406. ------- Opposite Party No.1 6. Raj Kishore Mahto, son of P.N. Mahto, resident of Kalipahari, P.O. and P.S. – Assansole, District – Bardawan, Owner of Truck bearing its Reg. No. WB37A/0406, ------- Opposite Party no.2 7. Nathun Prasad, son of Late Ramchandra Prasad, resident of Mohalla – Telbigha Rangbadhur Road, P.S.Kotwali, District – Gaya, Owner of Vehicle bearing Reg. No. BR2E5643. -----Opposite Party no.3 --- Respondent 2nd Set. *** For the Appellant : Shri Shailendra Kumar, Adv **** 04. 20.07.2010 Heard learned counsel for the appellant, who expressed difficulty in ascertaining of actual address of respondent nos. 1 to 4 who as per service report, after disposing of their house left the place. During the course of submission, finding the case 2 before the court below bearing Motor Accidents Claims Case No. 11/2009 pending in the court of Additional District Judge VI, Gaya, as appears, it was filed under section 166 of the Motor Vehicles Act. It was advised to the appellant to satisfy the liability as per order of the court below under section 140 of the Act, subject to final adjudication as to which of the insurance company is liable to compensate the claimants and to what extent the suggestion is accepted. In view of the above, this appeal itself is hereby disposed of without any adjudication on merit, leaving the extent of liability inter se between the two insurance companies involved to be decided by the claim tribunal as submitted by learned counsel for the appellant by framing specific issue. The appellant shall pay the amount under award with interest within a month. The statutory amount deposited with this appeal be transmitted to the court below through demand draft in the names of claimants towards payment of compensation. Rajeev/ (Akhilesh Chandra, J.)