Divisional Manager vs Gori Devi
2021 Latest Caselaw 3123 Jhar

             IN THE HIGH COURT OF JHARKHAND AT RANCHI

                   (Civil Miscellaneous Appellate Jurisdiction)
                          M.A. No. 133 of 2019
                                ......

Divisional Manager, Bajaj Allianz General Insurance Co. Ltd. .... ..... Appellant

Versus

1.Gori Devi

2.Sanjay Singh

3.Sima Singh

4.Bablu Singh

5.Mantu Singh

6.Mahesh Kumar Lal ......Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO (Through : Video Conferencing) For the Appellant : Mr. Alok Lal, Advocate For the Respondents :

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05/Dated: 25/08/2021.

Heard, learned counsel for the appellant- Bajaj Allianz General Insurance Co. Ltd., Mr. Alok Lal.

Learned counsel for the appellant, Mr. Alok Lal has submitted that appellant- Bajaj Allianz General Insurance Co. Ltd. has preferred this appeal against the award dated 05.06.2018, passed by learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi, in Motor Accident Claim Case No.127 of 2012, whereby the claimants, namely, 1.Gori Devi, 2.Sanjay Singh,

3.Sima Singh, 4.Bablu Singh and 5.Mantu Singh have been awarded compensation to the tune of Rs.8,42,200/-, out of which Rs.50,000/- has already been indemnified under Section 140 of the MV Act, as such, the balance compensation amount to the tune of Rs.7,92,200/- to be paid along with interest @ 9% per annum from the date of admission of the claim application under Section 166 of the MV Act i.e. 10.09.2012 till its realization within a period of 30 days from the date of award.

Learned counsel for the appellant has further submitted that interest has been awarded @ 9% per annum from the date of admission of the claim application, which is excessive, in view of the judgment passed by the Apex Court in the case of Dharmpal & Sons Vs. U.P. State Road Transport Corporation, reported in (2008) 12 SCC 208 where interest has been quantified @ 7.5% per annum.

Learned counsel for the appellant, Mr. Alok Lal has further submitted that the appeal has been preferred against the finding of the learned Tribunal has that there was no violation of terms and conditions of the Insurance Policy by the

insured though there is violation of terms and conditions of the Insurance Policy.

Learned counsel for the appellant has further submitted that Lower Court Record is necessary to satisfy the Court with regard to violation of terms and conditions of the Insurance policy.

Learned counsel for the appellant has further submitted that there is delay of 184 days in preferring the appeal by the Insurance Company and for condonation of the same, I.A. No.2535 of 2019 has been preferred, as such, the said delay may be condoned.

Learned counsel for the appellant has further submitted that I.A. No.10096 of 2019 has been filed under Order XLI Rule 5(5) of the Code of Civil Procedure for stay of the proceeding of Execution Case No.47 of 2019 pending before the court of learned Presiding Officer, Motor Vehicle Accident Claims Tribunal, Ranchi, as such, the same may be considered.

So far stay petition bearing I.A. No.10096 of 2019 is concerned, since nothing has been assailed against the claimants, as such, the Insurance Company is directed to deposit the entire awarded amount along with interest @ 7.5% per annum from the date of filing of the claim application within a period of 60 days from today, if the said amount is deposited within a period of 60 days from today, the learned Tribunal/Executing Court shall not proceed in the matter.

Learned Tribunal, after due notice and verification and also after taking affidavit from the claimants that they have already put their appearance in M.A No. 133 of 2019 pending before this Court, shall release the amount in favour of the claimants as question of interest is to be considered by this Court.

Considering the submission of the appellant, let notice be issued to the owner and claimants/Respondent Nos.1 to 6 i.e. 1.Gori Devi, W/o Bhuneshwar Singh, 2.Sanjay Singh, S/o Late Bhuneshwar Singh 3.Sima Singh, D/o Late Bhuneshwar Singh 4.Bablu Singh, S/o Late Bhuneshwar Singh and 5.Mantu Singh, S/o Late Bhuneshwar Singh and owner of the vehicle/Respondent No.6, Mahesh Kumar Lal, S/o Sri Kanhaiya Lal, R/o Palkot Road, Gumla, P.O. and P.S. Gumla, District Gumla in main memo of appeal as well as in limitation petition under both process, i.e. under registered cover with A/D as well as under ordinary process for which requisites etc. must be filed within a period of one week.

Put up this case after service of notice.

I.A. No.10096 of 2019 stands disposed of.

(Kailash Prasad Deo, J.) R.S