Jharkhand High Court
The National Insurance Company ... vs Urmila Mahto & Ors on 16 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 460 of 2019
........
The National Insurance Company Limited & Anr. ..... ..... Appellants
Versus
Urmila Mahto & Ors. ..... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellants : Ms. Amrita Banerjee, Advocate
For the Respondents :
........
04/16.08.2021
Heard, learned counsel for the appellants, Ms. Amrita Banerjee.
The National Insurance Company Limited has preferred this appeal
against the award dated 29.06.2019 passed by learned District Judge-I-
cum-Presiding Officer Motor Accident Claim Tribunal (M.A.C.T.), Bokaro
in Title Motor Vehicle Suit No. 31/2017, whereby the claimants namely,
(1) Urmila Mahto w/o late Jagganath Mahto, (2) Raju Kumar Mahto, S/o
late Jagganath Mahto, (3) Nuni Bala Kumari, D/o late Jagganath Mahto,
(4) Nishu Kumari, D/o late Jagganath Mahto, and (5) Upasi Devi, w/o late
Bhadu Mahato (Claimant nos. 2, 3 and 4 are minor and are represented
through their mother and natural guardian Claimant no.1) have been awarded
compensation to the tune of Rs.9,68,560/- to be paid within one month,
failing which the Insurance Company shall be liable to pay interest @ 6%
per annum from the date of passing of the judgment till its realization,
subject to deduction of Rs.50,000/- if paid under Section 140 of the M.V.
Act to the claimants.
Learned counsel for the appellants has submitted that learned
Tribunal has not granted right of recovery in favour of the Insurance
Company to recover the same from owner of the offending vehicle after
indemnifying the award to the claimants, though admittedly, the deceased,
who was working as Rajmistri was dashed by Tractor bearing registration
No.JH-09Q-0171, due to which, the deceased died at spot on 26.09.2016.
The Tractor was duly insured before the Insurance Company for
agricultural purposes and not for commercial purposes and the Tractor was
loaded with sand for which permit was not there, as such, there was
violation of terms and conditions of the insurance policy.
Learned counsel for the appellants has further submitted that the
entire fact has been mentioned in the written statement that the vehicle
was without permit, but that has not been mentioned by the learned
Tribunal at paragraph-3 of the impugned award, though this fact has come
at para-7 in page No.10 of the impugned judgment and running page-32 of
the brief.
That owner has not filed paper of road permit and the Insurer has
also expressed to prove the violation of paper of road permit by the
owner, as such, the liability of award may be shifted upon the owner of the
offending vehicle or atleast right of recovery may be granted in favour of
the Insurance Company after indemnifying the award to the claimants and
to recover the same from the owner.
Under the aforesaid circumstances, let notice be issued to the
claimants namely namely, (1) Urmila Mahto w/o late Jagganath Mahto, (2)
Raju Kumar Mahto, S/o late Jagganath Mahto, (3) Nuni Bala Kumari, D/o
late Jagganath Mahto, (4) Nishu Kumari, D/o late Jagganath Mahto, and
(5) Upasi Devi, w/o late Bhadu Mahato, all are resident of Village-
Andherela, P.O.-Dudhigajar, P.S.- Chas (M), District- Bokaro as well as
the owner of the offending vehicle namely (6) Ranjit Gorain, S/o Godhan
Gorain, R/o Ispat Colony, PO and PS Chas District Bokaro (owner of the
offending vehicle) and driver of the vehicle (7) Dulal Chandra Mahto, S/o
Surendra Mahato, R/o Village Amadih, PO and PS Pindrajora, District
Bokaro (Driver of the tractor bearing registration No.JH-09Q-0171),
under both process i.e. under registered cover with A/D as well as under
ordinary process, for which requisites etc. must be filed within one week.
However, it appears from the impugned award that future prospect
has not been granted to the claimants in view of 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-59.4).
The appellant - National Insurance Company Limited is directed
to deposit 50% of the awarded amount along with interest @ 7.5% per
annum from the date of filing of the claim application till the date of
deposit of 50% before the learned Tribunal. Learned Tribunal shall allow
the claimants/respondents to withdraw the same after due notice and
verification and after taking an affidavit that the claimants have already
appeared before the Hon'ble High Court in M.A. No.460 of 2019. This
order is being passed as the quantum of compensation has been assailed
by the Insurance Company.
List the appeal after service of notice.
(Kailash Prasad Deo, J.)
Jay/Tarun
