IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.244 of 2010 1. MEHRUN KHATOON, W/O LATE MD. MUSTAK R/O VILL- MAKHA TAKIYA, P.O. & P.S. NAUGACHIA, DISTT. BHAGALPUR. 2. DOLLY MINOR D/O LATE MD. MUSTAK REPRESENTED THROUGH THEIR MOTHER MEHRAN KHATOON (PETITIONER NO. 1) AS AN NATURAL GUARDIAN R/O VILL- MAKHA TAKIYA, P.O. & P.S. NAUGACHIA, DISTT. BHAGALPUR. 3. JOLLY MINOR D/O LATE MD. MUSTAK REPRESENTED THROUGH THEIR MOTHER MEHRAN KHATOON (PETITIONER NO. 1) AS AN NATURAL GUARDIAN R/O VILL- MAKHA TAKIYA, P.O. & P.S. NAUGACHIA, DISTT. BHAGALPUR. 4. GUL AKSAN MINOR D/O LATE MD. MUSTAK REPRESENTED THROUGH THEIR MOTHER MEHRAN KHATOON (PETITIONER NO. 1) AS AN NATURAL GUARDIAN R/O VILL- MAKHA TAKIYA, P.O. & P.S. NAUGACHIA, DISTT. BHAGALPUR. 5. BIBI SONA MINOR D/O LATE MD. MUSTAK REPRESENTED THROUGH THEIR MOTHER MEHRAN KHATOON (PETITIONER NO. 1) AS AN NATURAL GUARDIAN R/O VILL- MAKHA TAKIYA, P.O. & P.S. NAUGACHIA, DISTT. BHAGALPUR. 6. BIBI MONI MINOR D/O LATE MD. MUSTAK REPRESENTED THROUGH THEIR MOTHER MEHRAN KHATOON (PETITIONER NO. 1) AS AN NATURAL GUARDIAN R/O VILL- MAKHA TAKIYA, P.O. & P.S. NAUGACHIA, DISTT. BHAGALPUR. 7. MD. SAKEB MINOR S/O LATE MD. MUSTAK REPRESENTED THROUGH THEIR MOTHER MEHRAN KHATOON (PETITIONER NO. 1) AS AN NATURAL GUARDIAN R/O VILL- MAKHA TAKIYA, P.O. & P.S. NAUGACHIA, DISTT. BHAGALPUR. ---------- Petitioners/Claimants/Respondents Versus 1. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD., R.B.S.S. ROAD, P.S. KOTWALI, DISTT. BHAGALPUR, THROUGH THE REGIONAL MANAGER, REGIONAL OFFICE, ORIENTAL INSURANCE CO. LTD., PATNA. ----------- Opp. Party 1st Set/Appellant 2. NIRAJ KUMAR S/O SRI SUBODH CHOUDHARY ISHAK CHAK, P.O. & P.S. ISHAK CHAK, DISTT. BHAGALPUR ---------- Opp. Party 2nd /Respondent 3. MD. SULEMAN S/O CHATHARU MIYA R/O VILL- MAKHA TAKIYA, P.O. & P.S. NAUGACHIA, DISTT. BHAGALPUR. 4. BIBI HADISAN W/O MD. SULEMAN R/O VILL- MAKHA TAKIYA, P.O. & P.S. NAUGACHIA, DISTT. BHAGALPUR --------- Proforma Petitioners/Opp. Party 3rd Set ----------- 2 24.2.2010 Heard learned counsel for the petitioners and counsel for the Insurance 2 Company. It is submitted that though the Insurance Company has prepared and also given cheques in the name of Mehrun Khatoon, respondent no.2 of the appeal but the same is not being allowed to be encashed/delivered to her because in the order of this Court dated 21.4.2009 in M.A. No. 225 of 2006, the direction to pay the amount with interest was not exclusively made in favour of the respondent no.2, Mehrun Khatoon. Counsel for the Insurance Company has submitted that the Insurance Company will have no objection in making payment to Mehrun Khatoon which of course remains subject to the undertaking given by her. Considering the fact that Mehrun Khatoon is the widow as also has the responsibility of maintaining her minor children and that it is expected that she will look after the parents of the deceased, this Court would direct that any and every amount payable under the aforementioned award including the statutory amount deposited in this Court will be payable to the petitioner 3 Mehrun Khatoon (respondent no.2 to the connected appeal). With the aforementioned modification, the matter stands disposed of. Rsh (Mihir Kumar Jha, J.)