Jharkhand High Court
M/S New India Assurance Co. Ltd vs Zulekha Bibi on 16 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 432 of 2018
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M/S New India Assurance Co. Ltd. ....... Appellant
Versus
1.Zulekha Bibi
2.Basir Ansari
3.Naushad Ansari
4.Afsana Khatoon
5.Shahin Parween
6.Md. Sajid
7.Afreen Parween
8.Moin Ansari
9.Nasima Khatoon
10.Ruby Khatoon ......Respondents
..........
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
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For the Appellant : Mr. Manish Kumar, Advocate
For the Respondents :
04/Dated: 16/08/2021.
Heard, learned counsel for the appellant, Mr. Manish Kumar.
Mr. Manish Kumar, learned counsel for the appellant has submitted
that appellant -M/S New India Assurance Company Limited has preferred
this Misc. Appeal against the Award dated 15.03.2018 passed by learned
District Judge-XII-cum- MACT-Judge, Dhanbad in T(M.V.)S. No.26 of
2011 whereby the claimants, namely, 1.Zulekha Bibi, 2.Basir Ansari,
3.Naushad Ansari, 4.Afsana Khatoon, 5.Shahin Parween, 6.Md. Sajid,
7.Afreen Parween, 8.Moin Ansari, 9.Nasima Khatoon and 10.Ruby Khatoon
have been awarded compensation to the tune of Rs.7,18,000/- out of which
Rs.50,000/- has already been indemnified in T(M.V) Case No.180 of 2003,
as such, the balance amount of Rs.6,68,000/- to be paid within 2 months,
failing which this compensation amount shall also carry interest payable @
6% per annum from the date of filing.
Mr. Manish Kumar, learned counsel for the appellant has further
submitted that the Insurance Company has preferred this appeal only on
the ground that since there was violation of terms and conditions of the
policy by the owner of the offending vehicle, the learned Tribunal ought to
have fastened the liability upon the owner, but not upon the Insurance
Company with right to recover from the owner of the offending vehicle
after indemnifying the award to the claimants.
Mr. Manish Kumar, learned counsel for the appellant has further
submitted that there is delay of 18 days in preferring the appeal by the
Insurance Company and for condonation of the same, I.A. No.6435 of
2018 has been filed, as such, this Court may condone the same.
Mr. Manish Kumar, learned counsel for the appellant has further
submitted that appellant- Insurance Company has not preferred this appeal
with regard to quantum of compensation.
Considering the submission of the appellant and perusing the
materials available on record, including the impugned judgment and
looking into the facts and circumstances of the case, it appears that the
owner has not appeared before the learned Tribunal and the Tribunal has
rightly given right to recover in favour of the appellant- M/S New India
Assurance Company Limited to recover the same from the owner of the
offending vehicle after indemnifying the Award to the claimants, in view of
the judgment passed by the Apex Court in the case of Oriental Insurance
Co. Ltd. vs. Nanjappan & Ors., reported in (2004) 13 SCC 224, as such,
this Court is not inclined to entertain this appeal being devoid of merit.
Accordingly, the instant Miscellaneous Appeal is dismissed.
I.A. No.6435 of 2018 stands closed.
The statutory amount deposited by Insurance Company before this
Court at the time of filing of the appeal shall be remitted to the learned
Tribunal by the learned Registrar General of this Court, within a period of
four weeks so as to disburse the same to the claimants as part of Award
after due notice and verification.
However, it is expected from the appellant- Insurance Company to
satisfy the balance amount of Award, as awarded by the learned Tribunal
within a reasonable time as the accident is of dated 08.08.2003.
The right of recovery which has been granted by the learned
Tribunal shall remain intact without any interference by this Court.
(Kailash Prasad Deo, J.)
sandeep/
