MISCELLANEOUS APPEAL No.803 OF 2009 *** Against the judgment and award dated 09.07.2009 and 06.11.2009 respectively passed by the 1st Additional District Judge, Patna, in Claim Case No. 107 of 2007. *** Regional Manager, United India Insurance Co. Ltd. at Chanakaya Palace, Beerchand Patel Patha, Patna ….Appellant Versus 1. SULGAN DEVI wife of Late Tapeshar Paswan 2. Kamlesh Paswan, 3. Binay Paswan, 4. Mithilesh Paswan, & 5. Rinku Paswan Respondent nos. 2 to 5 are sons of Late Tapeshar Paswan and all the respondents are resident of village- Nahma, P.S. Masaurhi, District- Patna …Respondents 1st set 6. Administrator, Bihar State Road Transport Corporation, Paribahan Bhawan, Beerchand Patel Path, Patna Owner of the Bus bearing registration No.BR-2C-7703 …Opposite Party no.1 7. Pawan Kumar, Son of Hridya Narayan Singh at village- Gulani Kushaha, P.S. Shambhuganj, Banka Driver of Bus bearing registration No.BR-2C-7703 …Respondent 2nd set *** For the appellant : Mr. Prakash Kumar, Advocate For the respondent nos.1-3: M/s Arbind Kumar Mantoo & Jitendra Kumar, Advocates For the BSRTC : Mr. P. K. Verma, Advocate P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH *** Anjana Prakash, J. The appellant is aggrieved with the judgment and award dated 09.07.2009 and 06.11.2009 respectively passed by the 1st Additional District Judge, Patna, in Claim Case No. 107 of 2007, by which he has directed the appellant to pay a sum of Rs.2,35,000/- (two lac thirty five thousand) out of which Rs.50,000/- (fifty thousand) has already been paid as interim compensation to the claimants. 2. The counsel for the appellant contends that on enquiry it was found that the offending Bus did not have road permit for plying on the Patna- Bodh Gaya route and, therefore, the Insurance Company was not liable to indemnify the owner of the bus. 3. The counsel for the Bihar State Road Transport Corporation was directed to appear and give a reply to this submission. Learned counsel for the Bihar State Road Transport Corporation contends that, in fact, there was a general notification included in the Motor Vehicles Act itself that all buses of the Bihar State Road Transport Corporation shall have exclusive operation on the entire National Highway in Bihar and there was no question of a separate route permit for this particular route. 4. In view of such, this appeal is dismissed having no merit in the same. 5. The appellant-insurance company is directed to issue a fresh cheque in the name of the claimants and file the same before the District Certificate Officer, Patna, within, a period of six weeks. The cheque which has already been deposited by the appellant before the District Certificate Officer, Patna, shall be returned to him as also the Rs.25,000/- (twenty five thousand,) which has been deposited in this court by the appellant, is permitted to be withdrawn by the appellant. (Anjana Prakash, J.) Patna High Court, Patna. Dated the 4th February, 2011 NAFR/ JA/-