Nehal Mahali vs Shekh Younesh And Anr
2021 Latest Caselaw 2929 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                   M.A. No. 79 of 2018
                           ........

Nehal Mahali                                .... ..... Appellant
                             Versus
Shekh Younesh and Anr.                      ..... ..... Respondents

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

For the Appellant : Mr. J.N. Upadhyay, Advocate For the Respondent No.2 : Mr. Manish Kumar, Advocate ........

07/16.08.2021.

Learned counsel for the appellant, Mr. J.N. Upadhyay has submitted that sole appellant, Nehal Mahali has died, as such, three weeks' time may be granted for filing appropriate application for substitution of legal heirs/representatives of the deceased appellant.

Mr. Manish Kumar appearing for the New India Assurance Company Limited has submitted that the impugned award has been rightly passed by the learned District Judge-III-cum-M.A.C.T., Jamshedpur in Compensation Case No.107 of 2015 in view of judgment passed by the Apex Court in the case of The Oriental Insurance Company Limited Vs. Meena Variyal & Ors. reported in (2007) 5 SCC 428, as the deceased, Krishna Mahali was himself the driver of Tata 407 bearing registration No. JH-05N-7906, which turned turtle because of high speed and being rashly and negligently driven by the deceased himself.

Considering the same, let the matter be adjourned for three weeks so as to enable the learned counsel for the appellant to file appropriate application.

Put up this case after three weeks.

(Kailash Prasad Deo, J.) Jay/Tarun