Reliance General Insurance ... vs Smt. Mala Devi And Ors
2021 Latest Caselaw 2777 Jhar

      IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                    M.A. No. 100 of 2019
                           ........

Reliance General Insurance Company Limited .... ..... Appellant Versus Smt. Mala Devi and Ors. .... ..... Respondents

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

For the Appellant                    : Mrs. Swati Shalini, Advocate
For the Respondents                  :
                                     ........
3/09.08.2021.

Mrs. Swati Shalini, learned counsel for the appellant has submitted that Reliance General Insurance Compay Ltd. has preferred this appeal against the award dated 18.12.2018 passed by learned District Judge -II- cum-Motor Vehicle Accident Claim Tribunal-II, Deoghar, in M.V. Claim Case No.23 of 2011, whereby the claimants namely, (1) Smt. Mala Devi, w/o late Arun Kumar Jha, (2) Anant Kumar Jha s/o late Arun Kumar Jha , (3) Ajeet Kumar Jha, late Arun Kumar Jha, (4) Ambika Kumari, D/o late Arun Kumar Jha and (5) Smt. Soni Kumari Devi, D/o late Arun Kumar Jha, w/o Sri Awadh Kishore Jha have been awarded compensation to the tune of Rs.24,70,071/- along with interest @ 6% per annum from the date of filing of claim application till its realization to be paid within one month from the date of filing of deficit court fees, if any, failing which the same amount will be realized through certificate case.

Learned counsel for the appellant has submitted that though from perusal of the impugned award, at para-3, it appears that the written statement was filed by Reliance General Insurance Compay Ltd. referring therein that the claimants have not produced the driving licence of the deceased driver and this point has also been agitated by the Insurance Company in Ground No.3 in the memo of appeal that company had issued notice under Section 134(c) of the M.V. Act to the owner of the offending vehicle for production of the documents, but the same has not been produced.

Learned counsel for the appellant has further submitted that so far Purnendu Chatterjee, who has been examined as DW-1 is concerned, it appears from perusal of paragraph-6 at page-7 of impugned award, that the

opposite parties have not produced any witness to rebut the case of the claimants which is an apparent error in lower court record, as such, lower court record may be called for.

Learned counsel for the appellant has further submitted that so far the children, who are major and not depending on the deceased are concerned, they are also claiming before this Court, as such this fact may be considered by this Court. Apart from that income tax component from gross income of the deceased has not been deducted in view of the judgment passed in the case of National Insurance Company Limited Vs. Pranay Sethi reported in (2017) 16 SCC 680 (para-59.3), as the deceased was a government employee working in Confidential Section, Deoghar Collectorate, as such the lower court record may be called for.

Considering the same, let notice be issued to the respondent Nos. 1 to 7, namely (1) Smt. Mala Devi, W/o Late Arun Kumar Jha, (2) Anant Kumar Jha, S/o Late Arun Kumar Jha, (3) Ajeet Kumar Jha, S/o Late Arun Kumar Jha, (4) Ambika Kumari, D/o late Arun Kumar Jha, All R/o Village-Dumarhar, P.O-Jamunia, P.S.-Mohanpur, Subdivision and District- Deoghar (Jharkhand) (5) Smt. Soni Kumari Devi, D/o Late Arun Kumar Jha and W/o Sri Awadh Kishore Jha, R/o Village-Dhankuria, P.O & P.S.- Belbada, Dist-Godda (Jharkhand) (6) Joytish Sharma, S/o Sidho Sharma, R/o Village-Bandra, P.O & P.S.-Saraiya Haat, Dist.-Dumka (Jharkhand) (7) Hariom Sharan, S/o Ram Chandra Prasad Arya, R/o Raja Bagicha, Williams Town, P.O+ P.S. & Dist.-Deoghar (Jharkhand) under both process i.e. under registered cover with A/D as well as under ordinary process, for which requisites etc. must be filed by Friday i.e. 13.08.2021.

Put up this appeal after receipt of service of notice. In the meantime office is directed to call for the lower court records of M.V. Claim Case No.23 of 2011 which had been disposed on 18.12.2018 from the Court of learned District Judge -II-cum-Motor Vehicle Accident Claim Tribunal-II, Deoghar.

(Kailash Prasad Deo, J.) S.K/Tarun