IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.286 of 2010 BRANCH MANAGER NEW INDIA ASSURANCE COMPANY CHAPRA THROUGH SRI BIMAL KUMAR GUPTA, MANAGER AND DULY CONSTITUTED ATTORNEY THE NEW INDIA COMPANY LTD. REGIONAL OFFICE 6TH FLOOR, B.S.F.C. BUILDING, FRASER ROAD, PATNA (OPP. PARTY NO. 2) ------- APPELLANT. Versus 1. SHEO JANAM PRASAD, SON OF SAKALDIP SAH, RESIDENT OF VILLAGE MANER DEVI ASTHAN, P.O. & P.S. MANER, DISTT. PATNA ------- (CLAIMANT) 2. PRAMOD KUMAR, SON OF DEOLAL SAH, RESIDENT OF VILLAGE MANER, P.O & P.S. MANER, DISTT. PATNA ---- (OPPOSITE PARTY NO. 1) ------ RESPONDENTS. ----------- 4. 07.03.2011 The Appellant is aggrieved with the Judgment and Award dated 12.10.2009 and 27.10.2009 passed by the Motor Vehicles Claims Tribunal Cum 1st Additional District Judge, Saran at Chapra, in Claim Case No. 78 of 1998 on the ground that the medical expenses and the extra nourishment, attendant, food, transport etc. was wrongly added in the compensation amount. However, even if this would not be part of the compensation amount as per a decision reported in 2011(1) Supreme Court Cases, Page 343, there has been no assessment on the loss on future earnings. In view of such, the matter is remanded to the court below for passing a fresh order on the quantum of compensation in the light of the decision mentioned above. The court below shall however immediately disburse sum of ` 1,35,000/- including ` 25,000/- which was paid by way of interim compensation since this is an admitted amount which was to be 2 paid for the injury caused to Respondent No. 1. The application is disposed off with the above observations. The sum of ` 25,000/- which has been deposited here as statutory amount shall be remitted to the court below for being included in the compensation amount. It is expected that the Tribunal shall pass a fresh order within a period of two months from the date of receipt of this order. Since this order is being passed in presence of both the parties, there is no further need to issue notice to either of them. S.Ali ( Anjana Prakash, J.)