IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Revision No.1719 of 2007 Banarsi Singh & Anr Versus Kanchan Kuwar & Ors ---------------------------------- 13 12-12-2011 Heard the learned counsel appearing on behalf of the petitioners as well as the learned counsel appearing on behalf of the opposite parties. The petitioners have challenged the order dated 8-5- 2007 passed by the District Judge, M.V. Act Claims Tribunal, Kaimur(Bhabua) rejecting the prayer of the petitioners for preparation of the cheque for the amount of Rs.50,000/- awarded under section 140 M.V. Act in their names also. The prayer of the petitioners has been rejected on the ground that they were not the claimants in the proceeding under section 140 M.V.Act and there was no direction in the said order for preparation of cheque in their names also. The learned counsel appearing on behalf of the petitioners has pointed out that by the subsequent order dated 16- 6-2007 the court below has considered the claim of the petitioners also and has passed an order that although the cheque of the amount of Rs.50,000/- payable under section 140 M.V.Act would be prepared in the name of the opposite parties(Kanchan Kuwar and her two minor children) but simultaneously a direction has been issued restraining Kanchan Kuwar to withdraw Rs. 30,000/- out of that. It has also been submitted on behalf of the petitioners that a claim case has been filed by them under section 166 M.V.Act bearing Claim Case No. 18 of 2007 before the M.V. 2 Claims Tribunal, Kaimur(Bhabua) and the opposite parties have filed the claim under section 166 before the M.V. Act Tribunal, Sasaram bearing Claim Case No. 86 of 2007. After hearing the parties this revision application is disposed of with the direction that the order dated 16-6-2007 shall remain operative and the final determination shall be made along with the claim case under section 166 of the M.V.Act. roy ( V. Nath, J.)