Branch Manager vs Pooja Devi & Others
2021 Latest Caselaw 3165 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                  M.A. No. 216 of 2020
                         ........

Branch Manager, National Insurance Company Ltd.

                                     ....        ..... Appellant
                             Versus
Pooja Devi & Others                 ....         ..... Respondents

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

For the Appellant : Mr. Amresh Kumar, Advocate.

For the Respondents               :
                                      ........
03/27.08.2021.

Heard, learned counsel for the appellant, Mr. Amresh Kumar. The National Insurance Company Limited has preferred this appeal against the award dated 06.01.2020 passed by learned District Judge-cum-Motor Vehicle Accident Claim Tribunal, Pakur in M.A.C.C. No. 53/2017, whereby the claimants namely, (1) Pooja Devi, wife of Late Bamdeo Chand, (2) Shaili Kumari, daughter of Late Bamdeo Chand, (3) Suryodeo, son of Late Bamdeo Chand, (4) Pratima Devi, wife of Mangal Chand and (5) Mangal Chand, son of Late Haripad Chand (Claimant nos. 2 to 3 are represented through their legal natural guardian mother i.e. Claimant no. 1), have been awarded compensation to the tune of Rs. 17,22,000/- along with interest @ 7% per annum from the date of filing of the claim application till its realization to be paid within 45 days, failing which, interest shall be paid @ 9% per annum.

Learned counsel for the appellant has submitted that Insurance Company has preferred the present appeal within time on the ground that exorbitantly high compensation has been awarded under the head of loss of filial consortium 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-59.8), as such, notice may be issued to the claimants.

Learned counsel for the appellant has submitted that nothing has been alleged against the owner of the offending vehicle, as such, notice may only be issued upon the claimants.

Let notice be issued upon the claimants namely, i.e. (1) Pooja Devi, wife of Late Bamdeo Chand, (2) Shaili Kumari, daughter of

Late Bamdeo Chand, (3) Suryodeo, son of Late Bamdeo Chand, (4) Pratima Devi, wife of Mangal Chand and (5) Mangal Chand, son of Late Haripad Chand (Claimant nos. 2 to 3 are represented through their legal natural guardian mother i.e. Claimant no. 1), all resident of Village + Post + P.S. - Gopikander, District - Dumka, 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 two weeks.

Put up this appeal after service of notice.

(Kailash Prasad Deo, J.) Sunil/-