IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1389 of 1998 1. SMT.KUM KUM SAHAY W/O LATE RAMESH KISHORE PRASAD RESIDENT OF MOHALLA-BISUNPURI, CHITKOHRA, P.S.- GARDANIBAGH, DISTRICT-PATNA. 2. RASHMI KUMARI 3. ANURADHA KUMARI 4. SWEET KUMARI 5. PREETI KUMARI - ADDRESS AS ABOVE. Versus 1. SARDAR SWARN SINGH S/O SARDAR YOGENDRA SINGH RESIDENT OF BABURLE ROAD, SIWAN, P.S. & DISTRICT- SIWAN 2. BRANCH MANAGER, UNITED INDIA ASSURANCE COMPANY, SIWAN BRANCH, P.S.& DISTRICT-SIWAN. ----------- 7. 19.11.2009 The present appeal has been filed against a Bench decision of this Court rejecting the claim for enhancement of compensation as granted by the Claims Tribunal under the Motor Vehicles Act. The order sheet of the case reflects that none appeared for the parties on 1.9.2009. Again none appeared on behalf of the appellants on 7.9.2009. In order to protect the interest of the appellants, the Court suo motu directed issuance of notice to the appellants at the cost of the Court to ensure their appearance either personally or through the counsel. The service report was returned unserved, that the appellants were not traceable. This Court had issued notice upon the appellants on the address mentioned in the cause title. On 10.11.2009 none appeared for the appellants again. Today also none appeared for the appellants and neither the counsel who filed the appeal is appearing before this Court to apprise about their instruction in the matter. It is apparent that the appellants have lost interest and are not desirous of pursuing the matter any further. No useful 2 purpose shall be served by issuance of repeat notice to the appellants in the peculiar circumstances. The appeal is dismissed for non-prosecution. AKS/ (Navin Sinha, J.) (Kishore K. Mandal, J.)