IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10123 of 2005 Chandra Shekhar Singh, son of Late Triyogi Singh, Village, Bhairwar, Police Station-Bhairwar, District-Begusarai………Petitioner. Versus 1. The State of Bihar. 2. The National Insurance Company Ltd. with its Registered office at 3, Milton Street, Kolkata through Manager. 3. The Branch Manager, National Insurance Company Ltd. at Begusarai. ….. Respondents. ----------- For the petitioner : M/s. Badri Narain Singh & Kumar Gaurav, Advocates. For respondent nos.2 and 3: Mr. Ashok Kumar, Advocate. -------- 07. 30.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed by the petitioner challenging order dated 16.09.2004 by which the District Consumer Redressal Forum, Begusarai dismissed petitioner’s claim case with respect to Rs.2,57,500.00 on account of damages of his vehicle due to accident for which compensation, including interest and litigation, were not given by the Insurance Company on the ground that chassis of the vehicle was changed and hence his claim was refused against which the complaint was filed by the petitioner before the said Forum. 3. A counter affidavit has been filed by the respondents contesting the claim of the petitioner. Learned counsel for the respondents further submits that an appeal is provided in law against such an order which is under challenge in the instant writ petition, but without availing that remedy the petitioner has filed - 2 - this writ petition. 4. Considering the facts and circumstances of the case as well as the specific provisions of law and the materials on record, this writ petition is disposed of with a liberty to the petitioner to file an appeal against the impugned order. If such an appeal is filed along with the requisites and a copy of this order as well as an application for condoning the delay within three weeks from today, the appellate authority shall consider the delay caused due to the pendency of this writ petition and shall decide the appeal on merits in accordance with law expeditiously. Sunil (S. N. Hussain, J.)