Branch Manager vs Binita Topno & Others
2021 Latest Caselaw 1774 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            (Civil Miscellaneous Appellate Jurisdiction)
                   M.A. No. 218 of 2018
                          ........

Branch Manager, Bajaj Allianz General Insurance Co. Ltd. .... ..... Appellant Versus Binita Topno & Others .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellant : Mr. Alok Lal, Advocate. For the Respondent Nos. 1 to 7 : Mr. K.S. Nanda, Advocate. For the Respondent No. 8 : Mr. Niranjan Kr. Sinha, Advocate.

........

07/12.04.2021.

Heard, learned counsel for the appellant, Mr. Alok Lal, learned counsel for owner of the offending vehicle, Mr. Niranjan Kumar Sinha and learned counsel for the claimants, Mr. K. S. Nanda.

This appeal is admitted on following question of law :-

(i) Whether judgment passed by the Apex Court in the case of Mohd. Hanif and Another Vs. Himachal Pradesh Road Transport Corporation & Others reported in 2005 13 SCC 694 is applicable in the facts and circumstances of the present case or not?

In the present case, the claimants are the dependents of the deceased Prakash Topno, who was driving the Bolero vehicle bearing registration No. JH-01G(T) - 4470. The owner Pushpa Tirky has appeared before the learned Tribunal and she has categorically stated in her statement that without permission of the owner, the driver for his own work had gone to his family / relative's house for observing festival and due to unskilled driving, he committed this occurrence.

Learned counsel for the appellant has submitted that in the case of Mohd. Hanif and Another (Supra), the fact is identical where a cyclist Abdul Kadir hit a standing bus and to that effect evidence of two passengers have been recorded by the learned Tribunal. The claim application preferred by the claimants have been dismissed by the leaned Tribunal confirmed by the High Court and subsequently affirmed by the Apex Court, as such, the said judgment is applicable in the present case.

Call for Lower Court Records.

Since, the parties have already appeared before the Court, no notice is required to be issued.

Let the appeal be listed in the monthly cause list of August, 2021.

(Kailash Prasad Deo, J.) Sunil/-