Jharkhand High Court
The Oriental Insurance Company ... vs (1) Bhagwatiya Devi on 24 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 530 of 2018
The Oriental Insurance Company Ltd. .... .. ...Appellant(s)
Versus
(1) Bhagwatiya Devi w/o Late Lakhan Mahato
(2) Champa Kumari D/o late Lakhan Mahato
(3) Rajesh Kumar s/o late Lakhan Mahato
(4) Pradeep Kumar, s/o late Lakhan Mahato
(5) Pitamber Kumar, s/o late Lakhan Mahato
(6)Jhunjhun Kumar Singh, S/o Murlidhar Singh
(7)Sita Ram Manjhi, S/o Hemlal Manjhi
(8)Yasmatiya Devi, D/o Late Lakhan Mahato
(9)Niranjan Prasad Yadav, S/o Late Lakhan Mahato
(10) Viranchi Prasad Yadav, S/o Late Lakhan Mahato
(11) Dayamanti Devi, D/o Late Lakhan Mahato
All resident of village Tilaiya (Manjhiana), PO and PS Mohanpur, District Deoghar.
.. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. G.C. Jha Advocate.
For the Respondents :
..........
05 / 24.08.2021.
Heard, Mr. G.C. Jha, learned counsel for the appellant-The Oriental
Insurance Company Ltd.
Appellant- The Oriental Insurance Company Ltd.,has preferred this appeal
against the award dated 30.01.2018 passed by learned District Judge-1-cum-Motor
Accident Claim Tribunal, Deoghar, in Motor Accident Claim Case No.19 of 2006
whereby the claimants (1) Bhagwatiya Devi w/o Late Lakhan Mahato (2) Champa
Kumari D/o late Lakhan Mahato (3) Rajesh Kumar s/o late Lakhan Mahato (4)
Pradeep Kumar, s/o late Lakhan Mahato and (5) Pitamber Kumar, s/o late Lakhan
Mahato, all resident of village Tilaiya (Manjhiana), PO and PS Mohanpur, District
Deoghar have been awarded compensation to the tune of Rs.5,37,520/- out of which
Rs. 50,000/- has been paid under Section 140 of the M.V. Act, as such, the balance
amount of Rs.4,87,520/- has been awarded along with simple interest @ 7.5.% per
annum from the date of filing of the claim application i.e. 26.04.2006 till the amount
is indemnified to the claimants.
Learned counsel for the appellant has submitted that though there is a delay of
79 days in preferring the appeal by the Insurance Company and for condonation of
same I.A. No.7865 of 2018 has been preferred, but on merits appellant- Insurance
Company has a very good case against the claimants as well as against the owner of
the vehicle, as such, delay of 79 days may be condoned.
Learned counsel for the appellant has further submitted that under
conventional head Rs.3,25,000/- i.e. Rs. 1,00,00/- for loss of consortium, Rs.50,000/-
each under loss of care an guidance of minor children who are four in numbers, as
such, Rs. 2,00,000/- and Rs.25,000/- for funeral expenses, has been paid which is
contrary to the judgment passed by the Apex Court in the case of National Insurance
Co. Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680 (Paragraph 59.4) whereby
Rs.70,000/- ought to be given under the conventional head i.e. Rs.15,000/- for loss of
Estate for funeral expenses Rs.15,000/- and loss of consortium is Rs.40,000/- as
such, the appeal has been preferred against the quantum of compensation also.
Learned counsel for the appellant has thus, submitted that notice may be issued
to the claimants as the appeal has been preferred against the quantum of
compensation.
Learned counsel for the appellant has further submitted that the offending
vehicle Tractor bearing registration No. B.R. 40-5606 with Trailer No. B.R. 40-4507
was carrying passengers/labourers as five labourers were boarding on the tractor as
such, there is violation of terms and conditions of the insurance policy by the owner
of the offending vehicle. Hence notice may also be issued to the owner of the
offending vehicle.
Considering the same, let notice be issued to the claimants and owner and
driver of the offending vehicles i.e. Respondent Nos.1 to 7 i.e. (1) Bhagwatiya Devi
w/o Late Lakhan Mahato (2) Champa Kumari D/o late Lakhan Mahato (3) Rajesh
Kumar s/o late Lakhan Mahato (4) Pradeep Kumar, s/o late Lakhan Mahato (5)
Pitamber Kumar, s/o late Lakhan Mahato all resident of village Tilaiya (Manjhiana),
PO + PS Mohanpur, District Deoghar and respondent No.6, owner of the offending
vehicle, Jhunjhun Kumar Singh, S/o Murlidhar Singh, r/o Chhatisi, PO and PS
Deoghar, Dist. Deoghar and Respondent No.7. Sita Ram Manjhi, S/o Hemlal Manjhi,
r/o Hiranatand Kuruwa, PO and PS Mohanpur, Dist. Deoghar, in both process in the
main memo of appeal as well as limitation application under registered cover with
A/d as well as under ordinary process for which requisites must be filed within one
week.
Since nothing has been awarded in favour of the respondent No. 8 to 11 by the
learned Tribunal, as such they are being formal parties are not being issued notice
here.
Put up this case after service of notice.
(Kailash Prasad Deo, J.)
Sandeep/tarun
