Jharkhand High Court
Managing Director vs Phulo Devi on 2 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 74 of 2019
Managing Director, National Insurance Company Limited
.... .. ... Appellant(s)
Versus
1.Phulo Devi
2.Munni Devi
3.Nanku Kumar
4.Pooja Kumari
5.Bhim Chand .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. Manish Kumar, Advocate.
For the Respondent(s) :
..........
03 / 02.08.2021. Heard, Mr. Manish Kumar, learned counsel for the appellant-Managing
Director, National Insurance Company Limited.
Mr. Manish Kumar, learned counsel for the appellant has submitted that the
instant appeal has been preferred by the appellant- Managing Director, National
Insurance Company Limited against the Award dated 16.08.2018 passed by learned
District Judge-IV-cum- MACT Judge, Deoghar, in Title (M.V.) Suit No.69 of 2009,
whereby the claimants, 1.Phulo Devi, 2.Munni Devi, 3.Nanku Kumar and 4.Pooja
Kumari have been awarded compensation amount of Rs.6,82,000/- along with
interest @6% per annum from the date of filing i.e. 26.08.2009 onwards till its
realization.
Mr. Manish Kumar, learned counsel for the appellant has categorically stated
that the instant Appeal has not been preferred assailing the quantum of award
awarded to the claimants. However, the appeal has only been preferred with regard to
liability which has been fastened upon the Insurance Company on the ground that the
driver of the truck has been shot dead and the vehicle has been found at the different
place i.e. away from the deadbody. It is further submitted that the vehicle was
released on the application filed by the owner, on the ground that the vehicle has
nothing to do with the alleged occurrence, whereas on the other hand, the learned
Tribunal has awarded the compensation considering that driver was employed in the
vehicle, who was killed as such, there is contrary plea taken by owner though the
compensation has been awarded.
Mr. Manish Kumar, learned counsel for the appellant has further submitted
that there is delay of 82 days in preferring the appeal and for condonation of the same
I.A. No.1661 of 2019 has been preferred before this Hon'ble Court.
After hearing learned counsel for the appellant- National Insurance Company
Limited and perusing the materials brought on record including the Impugned Award,
it appears that the plea taken by the owner before the learned Chief Judicial
Magistrate, Manpuri, U.P. is not binding upon the learned Tribunal, as no contrary
evidence has been brought on record by the Insurance Company and since the driver
was employed in the vehicle who lost his life in an untoward incident of robbery, as
such, in view of the judgment passed by the Apex Court in the case of Rita Devi and
Ors. vs. New India Assurance Co. Ltd. & Ors., reported in (2000) 5 SCC 113, the
claimants are entitled for compensation.
However, since the appeal has not been preferred by the appellant- National
Insurance Company Limited assailing the quantum of award, this Court is not
expressing any view about the same.
Accordingly, the instant Misc. Appeal being devoid of merit stands dismissed.
I.A. No.1661 of 2019 stands closed.
The Statutory amount of Rs.25,000/- deposited by the Insurance Company
before this Court at the time of preferring the appeal shall be remitted by the learned
Registrar General of this Court to the learned Tribunal within a period of four weeks
from today. The learned Tribunal/Executing Court shall disburse the same to the
claimants after due notice and verification.
However, the balance amount shall be indemnified by the Insurance company
within a reasonable time, as the accident is of dated 29.11.2005.
(Kailash Prasad Deo, J.)
Sandeep/
