Jharkhand High Court
Bipin Kumar vs Oriental Insurance Co. Ltd. & ... on 11 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 282 of 2018
........
Bipin Kumar .... ..... Appellant
Versus
Oriental Insurance Co. Ltd. & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. Ashutosh Anand, Advocate.
For the Respondent No. 1 : Mr. Amaresh Kumar, Advocate.
........
06/11.08.2021.
Heard, learned counsel for the appellant, Mr. Ashutosh Anand
and learned counsel for the respondent no. 1, Mr. Amaresh Kumar.
Learned counsel for the appellant has submitted that the
claimant namely, Bipin Kumar has preferred this appeal for
enhancement of the award dated 08.02.2016 passed by learned
Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi
in Compensation Case No. 121/2006, whereby the claimant has been
awarded compensation for the death of Jaimanti Kumari to the tune
of Rs. 15,82,640/- after deducting Rs. 25,000/-, which has already
been paid under Section 140 of the Motor Vehicles Act, along with
interest @ 7% per annum from the date of judgment / award i.e.
08.02.2016 as there is lackadaisical approach of the claimant in
disposal of the proceeding / case, as such, interest has not been
awarded from the date of filing of the claim case.
Learned counsel for the appellant has submitted that under the
conventional head, less amount has been paid contrary to the
judgment passed by the Apex Court in the case of National
Insurance Company Ltd. Vs. Pranay Sethi and Ors. reported in
(2017) 16 SCC 680 (Para-59.8) and the reason assigned by the
learned Tribunal for non-payment of the interest from the date of
filing of the claim application under Section 166 of the Motor
Vehicles Act is not proper and the interest has been awarded also on
the lower side contrary to the judgment passed by the Apex Court in
the case of Dharampal and Sons Vs. U.P. State Road Transport
Corporation reported in (2008) 12) SCC 208.
Learned counsel for the appellant has further submitted that
there is delay of 1365 days in preferring the appeal and for
condonation of same, I.A. No. 3912/2021 has been filed.
Learned counsel for the Insurance Company, Mr. Manish
Kumar has submitted that there is a huge delay in preferring the
appeal, as such, the delay may not be condoned.
Learned counsel for the Insurance Company has further
submitted that the awarded amount has already been satisfied by the
Insurance Company to the claimant.
Learned counsel for the Insurance Company has further
submitted the copy of memo of appeal has been served upon him on
09.08.2021, as such, some time may be granted to file counter
affidavit in limitation petition as well as in main memo of appeal.
Considering the same, let the matter be listed in the month of
September, 2021.
(Kailash Prasad Deo, J.)
Sunil/-
