IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.444 of 2006 THE DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LIMITED, KRISHNA MARKET, MOTIJHEEL, P.S. TOWN, DISTRICT/TOWN-MUZAFFARPUR (INSURER OF TRUCK NO.S BR-06G-3394) ----- APPELLANT Versus 1. RIVA BHARTHUAR WIFE OF DECEASE NANDAN PRASAD BHARTHUAR 2. Pushkar Bharthuar( Minor), Son of deceased Nandan Prasad Bharthuar 3. Pulkit raj(Minor), son of deceased Nandan Prasad Bharthuar All are residents of Mohalla-Malahi Pakri, D/32, Vrindavan Apartment, P.S. Kankarbagh, Doctor’s Colony,Paatna Respondent nos.2 and 3 are under the guardianship of Respondent No.1, Riva Bharthuar. -------------- Claimants. 4. Rakesh Kumar, Son of Sri Ram Nandan Singh, At- Kishunpur Mohini, Muzaffarpur( Owner of Truck No.BR-06G-3394) ------ Opp.Party No.1 -------- Respondents ----------- 6 26-03-2009 No one appears to press this appeal when it is called out. It appears from perusal of the ordersheet that prior hither to this appeal stood dismissed for non-compliance of the peremptory order dated 3.9.2007. Then after restoration by order dated 22.12.2008 passed in I.A. No.6491 of 2008 the appellant company was granted leave to operate his Bank account in the Bank of India, Motijheel Branch, Muzaffarpur and the order of the Claims Tribunal freezing its account was vacated.. Notwithstanding the benevolence conferred on the appellant by order dated 22.12.2008, this appeal remains unattended when it is called out. The appeal is accordingly dismissed for non-prosecution. NKS/- ( Abhijit Sinha, J )