IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2320 of 2009 1. New India Assurance Company Ltd., Purnia Branch office Purnia (the insurer of vehicle no. BR 11A-3112 Tata Maxi. 2. The New India Assurance Company, Branch Office Chandralok Complex, Ghantaghar Chowk Bhagalpur. Both represented through Sri and constituted attorney of The New India Assurance Co. Ltd., having its Regional Office at 6th and 7th Floor, B.S.F.C. Building, Frazer Road, P.S. Kotwali, District Patna. ---------- Appellant/Opposite Party/Petitioners Versus 1. Shri Bhuto Maraiya, son of Shri Charan Maraiya, Resident of Village Mohamad Nagar (Rajdhani) P.S. Falka, District Katihar, at present residing at Naugachia, P.S. and District Naugachia. --------- Respondent/Claimant/Opposite Party 2. Bindeshwari Prasad Sharma, son of late Ayodhi Sharma, Resident of Village Puhulwaria, P.S. Korha, District Katihar, the owner of vehicle no. B.R. 11A-3112 (Tata Maxi). -------- Respondent/Opposite Party/Opposite Party ----------- 2 01.12.2010 Having heard learned counsel for the petitioners as also taking into account the facts mentioned in this application, the prayer made therein is allowed and M.A. No. 413 of 2006 is directed to be restored to its original file, subject to the condition that the order of this Court dated 4.5.2009 in the aforesaid appeal is complied within a period of one week from today, if not already complied. Rsh (Mihir Kumar Jha, J.)