Jharkhand High Court
The New India Insurance Co. Ltd. vs Satan Tanti @ Satan Tatwa on 7 April, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 246 of 2018
......
The New India Insurance Co. Ltd., Deoghar ...... Appellant
Versus
1. Satan Tanti @ Satan Tatwa
2. Radha Devi
3.Belu Mandal
3(a). Dhaneshwar Mandal @ Munna Mandal
3(b). Gopal Mandal
4. Peru Mandal . .......Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
......
For the Appellant : Mr. Manish Kumar, Advocate
Mr. Amit Mishra, Advocate
For the Respondents :
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05/Dated: 07/04/2021.
Heard, learned counsel for the appellant, Mr. Manish Kumar
assisted by learned counsel, Mr. Amit Mishra.
The appellant- New India Insurance Co. Ltd. has preferred this appeal
against the award dated 25.11.2017 passed by learned District Judge-I-cum-
Motor Accident Claim Tribunal, Deoghar in Motor Accident Claim Case
No.24 of 2006 whereby the claimants namely, 1. Satan Tanti @ Satan Tatwa
and 2. Radha Devi have been awarded compensation to the tune of
Rs.3,99,000/- along with simple interest @ 7.5% per annum from the date of
filing of the claim application i.e. 12.07.2006 till the payment is made and
paid by Insurance Company, with liberty to recover the aforesaid amount so
paid from the owner of the vehicle.
Learned counsel for the appellant, Mr. Manish Kumar has
submitted that deceased (Umesh Tanti) was working as a labourer on the
tractor of co-villager, Munna Mandal. He being the gratuitous passenger,
lost his life and the learned Tribunal has considered the same, but instead
of directing the owner of the vehicle to indemnify the award has wrongly
fastened the Insurance Company with the liability to indemnify the
award and recover the same from the owner of the vehicle.
Learned counsel for the appellant has further submitted that there is
delay of 64 days in preferring the appeal and for condonation of the same,
I.A. No.4160 of 2018 has been preferred before this Court.
Learned counsel for the appellant has further submitted that quantum
of compensation has not been assailed by the Insurance Company, as such,
this Court may consider the same.
After hearing the learned counsel for the appellant and considering the
judgment passed by the Apex Court in the case of Oriental Insurance Co. Ltd.
vs. Nanjappan & Others, (2004) 13 SCC 224, it appears that the right of recovery
has already been granted to the Insurance Company from the owner of the
vehicle, as there was violation of terms and conditions of the policy. This
concept of right of recovery has emerged only to make the beneficial
legislation smooth and beneficial to the claimants, otherwise the claimants,
who lost their bread earner, have to face a lot of technical difficulties in
recovery the same, as such, since the right of recovery has already been
granted to the Insurance Company, in opinion of this Court, no case is made
out by the Insurance Company to interfere with the same.
Accordingly, the instant Miscellaneous Appeal being devoid of merit is
hereby dismissed in terms of the award passed by the learned Tribunal
with rider clause of right of recovery from the owner of the vehicle after
indemnifying the award
I.A. No.4160 of 2018 is hereby closed.
The statutory amount deposited by the appellant- Insurance
Company shall be remitted to the learned Tribunal/Executing Court by
the learned Registrar General of this Court within a period of four weeks
from today, which shall be indemnified to the claimants and the balance
amount of award as passed by the learned Tribunal shall be indemnified by
the Insurance Company within a reasonable time as the accident took place
on 01.12.2005.
(Kailash Prasad Deo, J.)
R.S.
