IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.13 of 2010 BRANCH MANAGER, NATIONAL INSURANCE CO. LTD., EAST OF MUNICIPAL CHOWK, NEAR PETROL PUMP CHAPRA, SARAN (INSURER OF TEMPO BEARING NO.BR-31/4326) (OPPOSITE PARTY NO.1) …. APPELLANT Versus 1. INDU KUWAR WIFE OF LATE SHIVA NATH SHARMA, RESIDENT OF VILLAGE CHAINPUR, P.O. BELLA, P.S. DARIYAPUR, DISTRICT CHAPRA, SARAN (PETITIONER0 2. SRI ARBIND KUMAR SINGH SON OF NOT KNOWN, RESIDENT OF VILLAGE JHAWAN BASANT, P.O. BASANT, P.S. AWTAR NAGAR, DISTRICT CHAPRA, SARAN (OWNER OF TEMPO BEARING NO.BR- 31/4326) (OPPOSITE PARTY NO.2) 3. RAJ KISHORE SHARMA SON OF LATE SHIVA NATH SHARMA, RESIDENT OF VILLAGE CHAINPUR, P.O. BELLA, P.S. DARIYAPUR, DISTRICT CHAPRA, SARAN (OPPOSITE PARTY NO.3) 4. KANTI DEVI WIFE OF ARBIND PANDEY, D/O LATE SHIVA NATH SHARMA, RESIDENT OF VILLAGE TARWAR, PASCHIMI TOLA, P.S. AMNOUR, DISTRICT SARAN, CHAPRA (OPPOSITE PARTY NO.4) 5. NIRJA DEVI WIFE OF SHASHI RANJAN SHARAM, D/O LATE SHIVA NATH SHARMA, R/O VILLAGE VIKRAM, KAITUKA, P.S. MAKER, DISTRICT SARAN, CHAPRA (OPPOSITE PARTY NO.5), RESPONDENT NO.3, 4 & 5 ARE MAJOR SON & DAUGHTERS RESPECTIVELY OF LATE SHIVA NATH SHARMA …. RESPONDENTS. ----------- 4. 4.2.2011 The appellant has prayed for setting aside the judgment and award dated 17.7.2009 and 30.7.2009 respectively passed by the 1st Additional District Judge- cum-Claim case Tribunal, Saran at Chapra in Claim case No.12 of 2007, by which the Tribunal has directed the appellant to pay a sum of Rs.4,60,960/- (Rs.50,000/- already paid as interim compensation) along with interest at the rate of 6% per annum from the date of presentation of the case till its realization to the claimant-respondent no.1 within two months from the date of the judgment. It has been submitted on behalf of the Appellant that in view of the absence of finding that the appellant - 2 - alone could not have been fastened with the responsibility of compensating the claimants, the order is illegal. However, I find that the Tribunal has taken precaution about this and given liberty to the Appellant to realize the amount from the owner of the vehicle by legal procedure if there has been any breach of policy decision, which this Court shall not interfere with. On going through the facts of the case, I see no merit in the appeal and the same is dismissed but with observation that the appellant will be at liberty to raise the question of liability of the owner. The statutory amount of Rs.25,000/- which has been deposited by the appellant shall be remitted to the court below for disbursement to the claimant within a period of four weeks for adjustment in the compensatory amount. Narendra/ ( Anjana Prakash, J. )