Manish Kumar & Ors vs Birendra Ram & Anr
2021 Latest Caselaw 3035 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Miscellaneous Appellate Jurisdiction)

                             M.A. No. 211 of 2018
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       Manish Kumar & Ors.                                        ....... Appellants
                                  Versus
       Birendra Ram & Anr.                                        ......Respondents
                               ..........

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

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For the Appellants : Mr. Arvind Kumar Lall, Advocate For the Respondent no.1 : Mr. Bibhash Sinha, Advocate For the Respondent no.2 : Mr. Manish Kumar, Advocate

06/Dated: 23/08/2021.

Heard, learned counsel for the parties.

The issue involved in the present claim application/appeal is that whether claimants are entitled for compensation as 3 rd party claim or under the Personal Insurance Coverage the mother of the claimant, who is wife of Birendra Ram, owner of the vehicle is entitled for compensation as a third party compensation or under the Personal Assurance Coverage.

Learned counsel for the appellants, Mr. Arvind Kumar Lall has submitted that the Insurance coverage was under package policy which means comprehensive policy.

Learned counsel for the appellants in support of his submission has placed reliance upon the judgment passed by Apex Court in the case of Amrit Lal Sood & Anr. vs. Smt. Kaushalya Devi Thapar & Ors., reported in 1998 (3) SCC 744. Learned counsel for the New India Assurance Company has submitted that these points have been considered by the Apex Court in the case of Ningamma & Anr. Vs. United India Insurance Co. Ltd., reported in 2009 (13) SCC 710, Ramkhiladi and Anr. vs. United India Insurance Company and another, reported in 2020 (2) SCC 550 and U.P. Pollution Control Board vs. Dr. Bhupendra Kumar Modi and Another, reported in (2009) 2 SCC 147. Learned counsel for the owner, Mr. Bibhash Sinha has submitted that all these points have been considered by the Apex Court in the case of National Insurance Company Limited vs. Balakrishnan and Another, reported in 2013 (1) SCC 731 and Jagtar Singh Alias Jagdev Singh vs. Sanjeev Kumar & Others, reported in 2018 (15) SCC 189.

Put up this case on 31.08.2021.

In the meantime, parties may exchange their judgments.

R.S.                                                       (Kailash Prasad Deo, J.)