Jharkhand High Court
Jayanti Orain & Others vs The Branch Manager on 6 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 556 of 2018
........
Jayanti Orain & Others .... ..... Appellants
Versus
The Branch Manager, IFFCO Tokio General
Insurance Co. Ltd. & Anr. .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Mr. Nikhil Ranjan, Advocate.
For the Respondents :
........
06/06.04.2021.
Heard, learned counsel for the appellants, Mr. Nikhil Ranjan.
The Appellants have preferred the instant appeal for enhancement
of the award as well as for recovery of the awarded amount from the
Insurance Company as the learned Tribunal has granted the same against
Md. Shamim Ansari, S/O Hussain Ansari (owner of Truck bearing
registration No.JH-01Z-2299).
Learned counsel for the appellants has submitted that learned
Tribunal has considered that offending vehicle was insured from 12.00
hours on 10.05.2012 to 09.05.2013 though the accident took place on
10.05.2012 at 8.00 A.M. and the cover note show that vehicle was insured
after the alleged accident and because of that reason the learned Tribunal
has not fastened the liability upon Insurance Company rather the same has
been fastened upon the owner of the offending vehicle though in the
insurance policy the time of insurance is shown as 10.05.2012 at 00.00
hours, which will be apparent from Exhibit-C.
Learned counsel for the appellants has further submitted that it is
strange that a vehicle, which met with an accident on 10.05.2012 at
8.00A.M., was in the custody of the police, but without permission of
learned Chief Judicial Magistrate, Ranchi, the insurance coverage was
made by the Insurance Company inconnivance with the owner from 12.00
noon of 10.05.2012. As such, Tribunal has passed such order, thus hurdle
has been created to the claimants to recover the said amount from the
insurer of the vehicle. This requires a proper investigation and inquiry by
the Senior Police Officer in view of the judgment passed by the Apex
Court in the case of Jai Prakash Vs. National Insurance Company
Limited & Others reported in (2010) 2 SCC 607.
Accordingly, this court may give a direction to the Senior
Superintendent of Police, Ranchi to comply all the conditions as directed
by the Apex Court.
Learned counsel for the appellants has further submitted that
quantum of compensation has been wrongly considered by the learned
Tribunal. The deceased was a professor in Kartik Oraon Inter College,
Ratu, having fixed salary of Rs.10,000/- as he was a part time teacher and
he was also earning Rs.10,000/- from tuition, but learned Tribunal has
considered the income of the deceased as Rs.6,400/- per month
considering Rs.400/- for each classes which equals to amount Rs.1,600/-
per week accordingly Rs.6,400/- per month, which is a meagre amount.
Learned counsel for the appellants has submitted that interest has
been granted from the date of admission of claim application under
Section 166 of the Motor Vehicles Act i.e. 02.07.2015 contrary to the
statutory provisions as envisaged under Section 171 of the Motor Vehicles
Act, which reads as follows:-
"171. Award of interest where any claim is allowed.- Where any
Claims Tribunal allows a claim for compensation made under this
Act, such Tribunal may direct that in addition to the amount of
compensation simple interest shall also be paid at such rate and
from such date not earlier than the date of making the claim as it
may specify in this behalf."
Since no reasoning has been assigned by the leaned Tribunal to
show that the delay in admission of the application can be attributed to the
claimants, as such, the interest ought to have been paid from the date of
filing of the claim application, which in the year 2012, as such, notice
may be issued to the respondents.
Considering the same, let notice be issued upon the owner under
both process i.e. under registered cover with A/D and under ordinary
process, for which requisites etc must be filed within a period of two
weeks.
Learned counsel for the appellants is directed to serve two copies of
memo appeal, impugned award and other relevant documents to learned
counsel, Mr. Bibhash Sinha, who normally appears on behalf of IFFCO
Tokio General Insurance Company Limited, within a period of one week
from today.
Put up this case after service of report.
Let a copy of this order be communicated to the Senior
Superintendent of Police, Ranchi so as to explain that, what is the
standard operation procedure in the police department to insured a
vehicle, which is lying at the police station after the accident without
taking any permission from the concerned Chief Judicial Magistrate.
The Senior Superintendent of Police, Ranchi shall also explain that
whether the vehicle was insured before the IFFCO Tokio General
Insurance Company Limited on 10.05.2012 at 00.00 hours or 12.00 hours
after proper verification.
The report must be submitted within a period of four weeks.
The Senior Superintendent of Police, Ranchi shall also give proper
direction to comply the direction issued by the Apex Court in the case of
Jai Prakash (supra) to all the police stations including the concerned
officers.
(Kailash Prasad Deo, J.)
Jay/-
