IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.428 of 2010 ***** 1. PRAMOD MISHRA S/O LATE TEJNARAIN MISHRA R/O VILL.+P.O.- THUMMA, P.S. RUNNISAIDPUR, DISTT.- SITAMARHI. …. …. Respondent-Appellant Versus 1. RAGANI DEVI W/O SRI PAPPU MANDAL PERMANENT R/O VILL.- GAIGHAT, P.S. RUNNISAIDPUR, DISTT.- SITAMARHI, AT PRESENT RESIDING AT VILL.- PARARI, P.S. AURAI, DISTT.- MUZAFFARPUR 2. PAPPU MANDAL S/O SRI BINDA MANDAL PERMANENT R/O VILL.- GAIGHAT, P.S. RUNNISAIDPUR, DISTT.- SITAMARHI, AT PRESENT RESIDING AT VILL.- PARARI, P.S. AURAI, DISTT.- MUZAFFARPUR. …. Writ petitioners-Respondents 3. THE STATE OF BIHAR 4. THE DISTRICT JUDGE-CUM-MOTOR ACCIDENT CLAIMS TRIBUNAL, MUZAFFARPUR 5. DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD. MOTIJHEEL, P.S. TOWN, DISTT.- MUZAFFARPUR (INSURER OF THE NEW TRACTOR BEARING CHASSIS NO. R.B.T./11016 & COVERNOTE NO. 34/2008). …. Respondents-Respondents ----------- For the appellant : Mr. Y.V.Giri, Senior Advocate Mr. Raju Giri, Advocate. For respondent nos.1 &2 : Mr.Vinod Kanth, Senior Advocate. Mr.Shambhu Saran Singh, Advocate. For respondent no.3 : Mr. P.K.Shahi, Advocate General Mr.Roy Shivaji Nath, A.A.G.-IV For respondent no.5 : Mr.Barun Kumar Choudhary,Advocate Mr.Lalit Narain Jha,Advocate. -------------- 3. 28.4.2010. I.A. No.2283 of 2010: - This is an application for condonation of delay of 4 days in preferring the appeal. We have heard Mr. Y.V.Giri, learned senior counsel along with Mr. Raju Giri, learned counsel for the - 2 - appellant, Mr. P.K.Shahi, learned Advocate General along with Mr. Roy Shivaji Nath, learned Additional Advocate General-IV for the respondent no.3, Mr. Vinod Kanth, learned senior counsel along with Mr. Shambhu Saran Singh, learned counsel for the respondent nos.1 and 2 and Mr. Barun Kumar Choudhary, learned counsel for the respondent no.5- Divisional Manager, Oriental Insurance Company Ltd. Regard being had to the assertions made in the application, we are of the considered opinion sufficient cause exist for condonation of delay and accordingly delay in filing the appeal is condoned. Interlocutory application stands disposed of. L.P.A. No. 428 of 2010: - As we have condoned the delay we are inclined to take-up the appeal for admission. Admit. On consent of learned counsel for the parties this appeal is heard. Be it noted the learned Single Judge has disposed of C.W.J.C. No. 15327 of 2009, which is impugned in this appeal on the basis of the order passed in C.W.J.C. No. 13976 of 2009. The letters patent appeal arising out of - 3 - C.W.J.C. No. 13976 of 2009 has been disposed of dealing with the legal aspect. Mr. Vinod Kanth, learned senior counsel being instructed by Mr. Shambhu Saran Singh, learned counsel for the respondent nos. 1 and 2 and Mr. Barun Kumar Choudhary, learned counsel for the insurer, namely, Oriental Insurance Company Ltd. conceded to settle the matter. Accordingly, it is settled that a sum of Rs.1,80,000/- shall be paid to the claimants-respondents by depositing the said amount minus the amount that has been awarded under Section 140 of the Motor Vehicles Act, 1988 before the tribunal within a period of two months from the date of receipt of the order passed today. In the present appeal, as a settlement has been arrived at, after due deliberations, there is no need to deal with the legal issues. Recording such a concession the appeal stands disposed of. Pawan/- (Dipak Misra, CJ) (Mihir Kumar Jha, J)