Neelam Devi & Others vs The Branch Manager
2021 Latest Caselaw 2982 Jhar

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                   M.A. No. 268 of 2018
                           ........

Neelam Devi & Others ..... Appellants Versus The Branch Manager, Reliance General Insurance Co. Ltd. & Others ..... Respondents With M.A. No. 270 of 2018 ........

Md. Rafique & Anr.                                 ..... Appellants
                             Versus

The Branch Manager, Reliance General Insurance Co. Ltd. & Others ..... Respondents CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) ............

For the Appellants : Mr. Nikhil Ranjan, Advocate (in both appeals) For the Respondent No.1 : Mrs. Swati Shalini, Advocate (in both appeals) ........

03/18.08.2021.

M.A. No. 268 of 2018 Learned counsel for the appellants, Mr. Nikhil Ranjan has submitted that this appeal has been preferred for enhancement of the award on the ground that future prospect of the deceased has not been considered by the learned Tribunal as well as less amount has been paid under the conventional head 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-59.4 & 59.8 respectively), though there is delay of 219 days in preferring the appeal and for condonation of the same, I.A.No.723/2020 has been preferred, as such, delay may be condoned.

Learned counsel for the respondent-Reliance General Insurance Company Limited, Mrs. Swati Shalini has submitted that the interest has been awarded @ 9% per annum 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 respondent-Reliance General Insurance Company Limited has further submitted that the matter may be referred before the National Lok Adalat scheduled to be held on 11.09.2021.

Considering the same, the delay in filing the appeal is hereby condoned. I.A. No. 723/2020 is allowed.

Considering the above submissions, parties are at liberty to give their proposal by calculating the compensation in view of judgment passed by the Apex Court within two days.

Let the matter be placed before the National Lok Adalat scheduled to be held on 11.09.2021 for final settlement.

The Secretary JHALSA is directed to look into the matter.

M.A. No. 270 of 2018 With the consent of the parties, let the matter be placed before the National Lok Adalat scheduled to be held on 11.09.2021 for final settlement.

The Secretary JHALSA is directed to look into the matter.

(Kailash Prasad Deo, J.) Jay/-