Sugandha Devi & Ors vs Sri Munshi Saw & Anr
2021 Latest Caselaw 1649 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Miscellaneous Appellate Jurisdiction)
                           M.A. No. 619 of 2018
                                ......

       Sugandha Devi & Ors.                                     ...... Appellants
                                 Versus
       Sri Munshi Saw & Anr.                                    ......Respondents

       CORAM:       HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                    (Through : Video Conferencing)
                                ......
      For the Appellants                   : Mr. Shahid Khan, Advocate
      For the Respondents                  :
                                -----
05/Dated: 06/04/2021.

Heard, learned counsel for the appellants.

Learned counsel for the appellants, Mr. Shahid Khan has submitted that the claimants are the appellants before this Court and their claim application has been dismissed by the learned Tribunal vide judgment dated 28.07.2018 passed by learned Presiding Officer, M.V.A.C.T., Hazaribag in Motor Accident Claim Case No.125 of 2010 holding that claim application is not maintainable nor there is any valid cause of action nor the claimants are entitled for the same as the deceased (Tulsi Sao), driver of Mahindra Savari Jeep No JH-13A-4213 lost his life because of firing made by the criminals.

Learned counsel for the appellants has thus submitted that under the aforesaid circumstances, notice may be issued to the respondents and the LCR may be called for.

Considering the same, let LCR be called for and notice be issued to respondent no.1- Sri Munshi Saw, S/o Dukhan Saw, R/o Village- Pitij, P.O.- Pitij, P.S.- Itkhori, District- Chatra (Jharkhand) (owner of Savari Jeep No.JH- 13A-4213) under both process, i.e. under registered cover with A/D as well as under ordinary process, for which requisites etc. must be filed within a period of two weeks.

Further, learned counsel for the appellants is directed to serve two copies of memo of appeal, impugned judgment/award and other relevant documents upon the learned counsel, Mr. S.J. Roy, who normally appears on behalf of the Bajaj Allianz General Insurance Co. Ltd. within a period of one week.

Put up this case after service report as well as receipt of LCR.

R.S.                                                      (Kailash Prasad Deo, J.)