IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.72 of 2006 NATIONAL INSURANCE COMPANY LIMITED (Insurer of Truck No. AP-16U- 7637) Branch Office, Wyra Road, Khamam Andhra Pradesh through Mr. Pravin Kumar Sinha, son of Late U.C. Sinha, at present posted as Administrative Officer and Authorised Signatory of National Insurance Company Limited, 4th Floor, Sone Bhawan, Bir Chand Patel Marg, Patna – 1. ---------------Opposite party no.3/Appellant. Versus 1. MOST. MOTI DEVI, wife of late Wali Yadav, resident of village – Piprahiya Bhakura, P.O. + P.S. – Ara Mufassil, District – Bhojpur. (Claimant)appellant- Respondent 1st Set. 2. Y. Veera Bhadram (wrongly written as Y. Vrra Bhadram in the impugned Judgment) son of Saidula (Driver of Truck No AP-16U-7637) Resident of 4.8.73 at P.O. – Prakash Nagar, District – Khamam, Andhra Pradesh. 3. Syed Khaja, son of Syed Lal (owner of Truck No. AP-16U-7637) resident of 55-3- 26 Plot No. 55, 2nd road, Jawabar, At + P.O. – Auto Nagar, Vijaywada – 7. 4. Bhuar Yadav, son of Mansahey Yadav, (Driver of Truck No. WB-03-5989), village + P.O. – Mathiya, P.S. – Brahmpur, District – Buxar. 5. Rajendra Prasad Yadav, son of Satan Yadav, (Owner of Truck No. . WB- 03-5989) resident of 27A, Canal Circular Road, Calcutta – 54. 6. The Oriental Insurance Company Limited (Insurer of Truck No. . WB-03- 5989), City Branch II, 76 Raja S.C. Mallick Road, Calcutta – 700 084. ------------- Opposite Parties/Respondents 2nd Set. ------- 13. 09.07.2010 On repeated calls, learned counsel representing either of side did not turn up. Meanwhile, in connection with another case M.A. No. 389/2009, Sri Ashok Priyadarshi, learned Standing Counsel representing National Insurance Company Limited, who is appellant in this case arrived and file was placed before him to make submission. He conceded the request appraised the court the matter entered into this appeal. This appeal has been preferred against order dated 17th September, 2004 in Motor Vehicle Claim Case No. 56/1998 passed by learned 3rd Additional District Judge-cum-Motor - 2 - Accidents Claim Tribunal, Bhojpur at Ara, directing the appellant as well as Oriental Insurance Company Limited to share the award ½ and ½ . Against such award, the Oriental Insurance Company preferred M.A. No. 512/2004, whereas the present appellants two years thereafter preferred this appeal. As it further appears that vide order dated 13.03.2007, appeal preferred by Oriental Insurance Company has already been dismissed on merit and direction was given by this court to pay the amount under award to the extent of its share. When this position was brought into notice of learned Standing Counsel, he fairly conceded that now nothing remains for determination in this appeal and earlier order of this court passed in M.A. No. 512/2004 referred to above is equally applicable in the instant appeal also. Under the facts and circumstances aforementioned, I find no reason to keep this appeal pending for further hearing or awarding respondents etc. Accordingly, this appeal is hereby dismissed and appellant is directed to discharge its liability under award. Simultaneously, the statutory amount deposited in this appeal is directed to be transmitted to the court below through a demand draft in the name of the claimants towards payment of compensation. Rajeev/ (Akhilesh Chandra, J.)