Jharkhand High Court
Magma Hdi General Insurance ... vs Lakhpati Devi & Others on 6 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 571 of 2018
........
Magma HDI General Insurance Company Ltd. ..... Appellant
Versus
Lakhpati Devi & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Alok Lal, Advocate.
For the Respondents :
........
03/06.04.2021.
Heard, learned counsel for the appellant, Mr. Alok Lal.
Learned counsel for the appellant has submitted that Magma
HDI General Insurance Company Ltd. has preferred this appeal
against the award dated 21.06.2018 passed by learned District Judge-
I-cum-M.A.C.T., Simdega in Motor Accident Claim Case No. 22 of
2014, whereby the claimants namely Lakhpati Devi, Wife of Late
Umanath Singh and Tribhvuwan Singh, Son of Late Umanath Singh
have been awarded compensation to the tune of Rs. 4,33,600/- along
with simple interest @ 9% per annum from the date of award till
realization. The Insurance Company is further directed to pay the
aforesaid amount within one month from the date of Award and is
entitled to recover the said amount from respondent no. 1 Ram Lal
Jaiswal, Owner of the pick-up van bearing registration no. JH-01AL-
2947.
Learned counsel for the appellant has assailed the impugned
judgment on the ground that though the deceased was gratuitous
passenger, the Tribunal has fasten the liability upon the Insurance
Company with right to recover the same from the owner of the
offending vehicle.
Learned counsel for the appellant has submitted that instead of
fastening the liability upon the Insurance Company, the learned
Tribunal ought to have fasten the liability upon the owner of the
offending vehicle, as such, this Court may modify that part of the
order.
Learned counsel for the appellant has further submitted that the
deceased died on 15.11.2013 for which Simdega P.S. Case No.
155/2013 dated 15.11.2013 under Sections 279, 337, 338, 304(A) of
I.P.C. was registered against the driver of the pick-up van bearing
registration no. JH-01AL-2947 and after completion of the
investigation, the police submitted charge sheet against the driver of
the offending vehicle namely, Ganesh Pathak.
Learned counsel for the appellant has submitted that from
perusal of the finding recorded by the learned Tribunal with regard to
Issue No. (iii) i.e. Whether the accident took place on 15.11.2013 and
the death of Amit Kumar Singh was result of aforesaid accident? at
page no. 11 of the impugned award, it appears that the learned
Tribunal has not taken note of the objection raised by the learned
counsel for the Insurance Company with regard to post-mortem report
of Amit Kumar Singh (Exhibit-3) which was of dated 11.11.2013 at
11:45 hours i.e. prior to the alleged date of accident i.e. 15.11.2013.
Learned counsel for the appellant has submitted that on
15.05.2018, a petition was filed by the Insurance Company to
examine the Investigating Officer, which was rejected by the learned
Tribunal, though the Insurance Company could not prefer any appeal /
revision against the said order, but again a petition was filed on
18.05.2018, which was also rejected on 23.05.2018 with cost of Rs.
2000/-, but again no revision application was preferred by the
Insurance Company against the said order, before this Court and
finally the award was passed on 21.06.2018, as such, this Court may
consider the same.
Considering the same, office is directed to verify as to whether
any analogous matter is pending before this Court, either preferred by
the claimants or owner of the offending vehicle, or not ?
In the meantime, office is directed to call for the certified copy /
authenticated copy of the F.I.R., charge sheet, inquest report as well as
post-mortem report from the court of Principal District & Sessions
Judge, Simdega.
Let the appeal be listed on 26.04.2021.
Let a copy of order be communicated to the court concerned
through 'FAX' at once for compliance of the order.
(Kailash Prasad Deo, J.)
Sunil/-
