IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.583 of 2007 THE ORIENTAL INSURANCE CO. LTD., THROUGH SUBROTO PAL, POSTED AS REGIONAL MANAGER AT REGIONAL OFFICE, PIRMUHANI, PATNA. -----OPPOSITE PARTY NO. 2/APPELLANT. Versus 1. MEENA DEVI, WIFE OF VISHWANATH SUKUL 2. KIRAN KUMARI, 13 YEARS (MINOR) DAUGHTER OF VISHWANATH SUKUL 3. DHIRAJ KUMAR, 11 YEARS (MINOR), SON OF VISHWANATH SUKUL 4. BITTU KUMAR, 8 YEARS (MINOR), SON OF VISHWANATH SUKUL (APPLICANTS-RESPONDENT NOS. 2, 3 AND 4 ARE MINORS, HENCE THOUGH THEIR NATURAL GUARDIAN-MOTHER ----- RESPONDENT NO. 1) RESPONDENTS NOS. 1, 2, 3 AND 4 ARE RESIDENTS OF VILLAGE RAGHUNATHPUR BAKAHARA, P.O. BAKHARA, P.S. SARAIYA, DISTT. MUZAFFARPUR. ---- APPLICANTS---RESPONDENTS 1ST SET. 5. HIMANSHU SHEKHAR, SON OF LATE PRAYAG SINGH PRASANNA, AT + P.O. BHAGWANPUR, DISTT. MUZAFFARPUR. ----- OWNER OF VEHICLE ---- RESPONDENT 2ND SET. ----------- 9. 28.01.2011 Heard the parties. The limitation filed on behalf of the appellant is condoned. The appellant is aggrieved by the judgment and award dated 22.6.2007 and 3.7.2007 passed by the 4th Additional Motor Accident Claim Tribunal, Muzaffarpur, in Motor Vehicle Claim Case No. 343 of 2003 by which even though he has finally decided the matter, has left the issue open as to whether the driving license was valid. The appellant submits that he is ready to pay the compensation to the Claimants provided the issue is allowed to 2 be reagitated before the Claims Tribunal as to whether the driver has a valid licence. Considering the same, the appellant is directed to make full and final payment to the Claimant within a period of four weeks from the date of receipt of the order. The matter is remanded to the Claims Tribunal for adjudication afresh only on the issue as to whether the driving license of the driver was valid and pass necessary orders upon the same With these observations, the appeal is disposed of. S.Ali ( Anjana Prakash, J.)