IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.310 of 2003 LAKHMANI DEVI & ANR Versus PANKAJ KUMAR & ANR 8 07.07.2010 Heard learned counsel representing the appellants and respondents no.1 and 2. With consent of the learned counsels, heard this appeal on merit. In this appeal there is very limited question to be decided. One Claim Case no. 54 of 2001 was preferred by the appellants making the respondents opposite party. After filing written statement the insurer, respondent no.2, sought expungement of its name on the ground mentioned in the petition mainly lack of submission of charge sheet against the driver and further details of driving license and the driver. The Claim Tribunal hearing the parties, 2 allowed the prayer giving rise to this appeal. After some arguments, it was submitted by the Bar that the prayer made by respondent no.2 if has any merit it could have been decided by the Claim Tribunal i.e. the court below at the stage of final disposal of the case but it could not have been decided in the manner it has been. Thus, taking into consideration the above submissions and provision of law so far order under challenge is hereby set aside and the matter is remitted to the court below for deciding the case on its own merit on the materials available and also considered the submission (defence) of the insurer. Simultaneously, since much time has already lapsed, the court below is directed to decide the case preferably within six months on receipt of a copy of this order. The learned counsels assures their full cooperation in early disposal of the case. In case either side fails to respect their assurances, the court 3 below shall deal them with firm and iron hands in accordance with law. (Akhilesh Chandra, J.) AAhmad/