IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.375 of 2006 THE DIVISIONAL MANAGER, The New India Assurance Company Limited, Muzaffarpur through the Deputy Manager, Regional Office, New India Assurance Co. Ltd. B.S.F. C. Building 6th Floor, Fraser Road, Patna-800001…..(O.P. No. 2) ………Appellant. Versus 1. ANITA DEVI, W/o Late Binod Munda, Age 21 years….Applicant No. 1. 2. Asha Kumari, Minor, D/o Late Binod Munda, Age-2 years..Applicant No. 2 The minor daughter is living under the guardianship of her mother the Respondent No. 1. Both resident of local address-C/o Munni Lal Munda at village Chamarua, P.S. Karja, District-Muzaffarpur. Permanent Address: Village Harwasi P.O. Kazma, P.S. Mandu, District-Hazaribagh (Jharkhand). 3. Indra Prasad at Sarubera, Bazar, Tand, Saru Bera Mandu, Hazaribagh (Jharkhand). (Owner of the Motorcycle) ……..O.P. No. 1. ……Respondents. ----------- 07. 06.01.2011 The Insurance Company has filed this appeal for setting aside the judgment and award dated 28.04.2006 and 12.05.2006 passed by 8th Additional District Judge- cum-Motor Accident Claims Tribunal, Muzaffarpur in Claim Case No. 244 of 2004 by which the claimant has been awarded compensation of Rs. 1,77,000/- after deducting a sum of Rs. 50,000/- which was paid as ad interim compensation with nine per cent per annum interest from the date of filing of the claim case till its realization. It has fairly been brought to the notice of the Court that the claimant had filed Miscellaneous Appeal numbered as M.J.C. No. 283 of 2006 which was disposed 2 off on 19.02.2010 enhancing the compensation amount. The Insurance Company had appeared through a Counsel who allegedly had no power and contested the appeal despite which the said order was passed. Now the very same Insurance Company is pressing this appeal on the ground that the Counsel who represented the Insurance Company in M.A. No. 283 of 2006 had no power to do so and, therefore, his contest was meaningless. In my view, since any order in the present Miscellaneous Appeal would run counter to the order passed in Miscellaneous Appeal No. 283 of 2006 by a Court of co-ordinate jurisdiction, I am not inclined to consider the merits of the case. On this score alone, this appeal is dismissed. The Appellant concedes at this stage that the statutory amount deposited before this Court for admission of this appeal may be remitted to the Claims Tribunal so that it may be disbursed to the claimant. The same may be done immediately and the amount be disbursed by the Tribunal within two months of the receipt of this order. Vikash/- (Anjana Prakash, J.)