IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2480 of 2010 THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LTD., CLUB ROAD, MUZAFFARPUR ..........PETITIONER(RESPONDENT NO.2) Versus 1. INDRA PRASAD S/O BODHI RAM, AT SURUBERA BAZAR, TAND SURUBERA, MANDU, HAZARIBAGH ...........O.P. (RESPONDENT NO. 1) 2. ANITA DEVI, WIDOW OF LATE BINOD MUNDA. .......O.P. (APPELLANT NO.1) 3. ASHA KUMAR (MINOR), D/O LATE BINOD MUNDA. ......O.P(APPELLANT NO. 2) Serial No.3 is minor daughter of Late Binod Munda underthe guardianship of her mother the next friend Anita Devi Both (2 and 3) permanent resident of village- Harwai, P.O.- Kazma, P.S.- Mandu, District- Hazaribagh, at present C/o Munni Lal Munda, Village- Chamrua, P.S.- Karja, District- Muzaffarpur. 2 03-08-2010 The instant application has been filed by Divisional Manager, New India Assurance Company Ltd., Muzaffarpur. The petitioner prays for modification of order dated 19-02-2010 passed in M.A. 283 of 2006 arising out of Claim Case No. 244 of 2004. The learned counsel submits that infact two appeals were filed arising out of the order and judgment dated 28-04-2006 passed in Miscellaneous Appeal no. 244 of 2004. One was filed by the claimant and the other was filed by the Insurance Company itself. - 2 - It would appear from the impugned judgment that the Tribunal had awarded a sum of Rs. 1,77,000/- to the private claimant who are appellants in M.A. 283 of 2006. It would appear from para 5 of the judgment that this court heard the counsel appearing for the insurer. It does not appear anywhere from the order dated 19-02-2010 passed by Lordship Mr. Justice Dipak Misra, the then Chief Justice of this Court that Insurance Company sought time. Further more, the appeal is of the year 2006. This Court after considering the age of the deceased and other relevant factors held that total amount payable would be Rs. 3,81,700/-. In view of the aforesaid facts, I do not find any case for modification of order dated 19-02-2010 passed in M.A. No. 283 of 2006 arising out of Claim Case No. 244 of 2004, passed by Accident Claims Tribunal, Muzaffarpur, is been made out. In the result, this application is dismissed. The appellant would be at liberty to pursue the other appeal filed by it in this Court. S.P. (Samarendra Pratap Singh, J.)