Jharkhand High Court
The Divisional Manager vs Karun Kumar @ Karun Kumar Ram & ... on 24 August, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 288 of 2018
........
The Divisional Manager, The New India
Assurance Company Limited .... ..... Appellant
Versus
Karun Kumar @ Karun Kumar Ram & Others.... ..... Respondents
With
M.A. No. 596 of 2018
........
Karun Kumar @ Karun Kumar Ram & Others.... ..... Appellants
Versus
The Divisional Manager, The New India
Assurance Company Limited & Anr. .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant (s) : Mr. D.C. Ghosh, Advocate
(In M.A. No.288/18)
Mr. Nikhil Ranjan, Advocate
(In M.A. No.596/18)
For the Respondent No.1 : Mr. Amresh Kumar, Advocate
(In M.A. No.596/18)
........
07/24.08.2021.
From perusal of the report submitted by learned I/C Principal District
& Sessions Judge, Simdega in compliance of order dated 04.08.2021 and
11.08.2021 it appears that the accident took place on 29.01.2011 when
Bolero bearing registration No. JH-01Z-4104, which dashed with a parked
Dumper bearing registration No. JH-02L-1954, resulting in death of Pramod
Singh Patra on the spot and with respect to the said accident, Tatisilwai P.S.
Case No. 09 of 2011 was lodged, but two claim applications have been filed,
one before the Motor Vehicle Accident Claims Tribunal at Ranchi vide
M.A.C. Case No. 137/2011 and another before the Motor Accident Claims
Tribunal Tribunal at Simdega vide M.A.C.C. Case No. 33/2011 and the
present Miscellaneous Appeal is arising out of same accident, which was
disposed of by the Motor Vehicle Accident Claims Tribunal, Ranchi vide
MAC Case No.137/2011 and in the MACC Case No.33/2011 at Simdega,
ex-parte proceeding was initiated against the owner of the offending vehicle,
Navneet Pandey, S/o Anil Kumar, R/o Village- Lal Sahab Bagan Namkum
Ramcjo, P.S.- Namkum, District- Ranchi vide order dated 04.05.2013
holding that though the vehicle was insured, but it has been mentioned in the
policy cover that use of vehicle for any purpose other than hire or reward etc.
Learned counsel appearing for the appellant-Insurance Company, Mr.
D.C. Ghosh in M.A. No.288 of 2018 has submitted that owner of the
offending vehicle is necessary party, who has not appeared before the claim
Tribunal at Simdega in MACC Case No.33/2011 and a report may be called
for as to whether the said award dated 01.04.2014 passed in M.A.C.C. Case
No. 33/2011 has been executed till date or not and whether any
miscellaneous appeal has been preferred against the said award passsed in
MACC Case No.33/2011 or not?
Learned counsel, Mr. Nikhil Ranjan has submitted that he will file
Vakalatnama on behalf of the claimants in M.A. No. 288 of 2018.
Let notice be issued to the owner of the offending vehicle, Navneet
Pandey, S/o Anil Kumar, R/o Village- Lal Sahab Bagan Namkum Ramcjo,
P.S.- Namkum, District- Ranchi in both appeals under both process i.e. under
registered with A/D as well as under ordinary process, for which requisites
etc. must be filed within a period of two weeks.
Let a report be called for from the Secretary, District Legal Services
Authority, Simdega on the followings:-
(i) Why execution case has not been instituted by the claimants for
execution of the award dated 01.04.2014 in MACC Case No.33/2011 passed
by learned Principal District Judge-cum-Motor Accident Claim Tribunal,
Simdega?
(ii) Whether the claimants require any legal assistance under Section
12 of the Legal Services Authority Act, 1987 or not, as it appears from the
report submitted by learned I/c Principal District & Sessions Judge, Simdega
that till date no compensation amount has been paid by O.P. No.1 / owner to
the claimants.
The said report must be submitted before this Court within a period of
three weeks from today.
Let the appeal be listed along with the desired report after service of
notice upon owner of the offending vehicle.
Office is also directed to verify that whether judgment dated
01.04.2014 passed by learned Principal District Judge-cum-Motor Accident
Claim Tribunal, Simdega in MACC Case No.33/2011 has been assailed
before this Court or not?
(Kailash Prasad Deo, J.)
Jay/-
