Meena Marandi & Another vs Munuraj Tudu & Another
2021 Latest Caselaw 3166 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
           (Civil Miscellaneous Appellate Jurisdiction)
                  M.A. No. 321 of 2020
                         ........

Meena Marandi & Another .... ..... Appellants Versus Munuraj Tudu & Another .... ..... Respondents

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

For the Appellants : Mr. Purnendu Kr. Jha, Advocate.

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

Heard, learned counsel for the appellants, Mr. Purnendu Kumar Jha.

Claimants namely, Meena Marandi, wife of Late Prakash Tudu and Dulad Murmu, wife of Suraj Tudu have preferred this appeal against the award dated 25.09.2020 passed by learned Principal District Judge-cum-Presiding Officer, Motor Accident Claims Tribunal, Godda in Motor Accident Claim Case No. 25/2018, whereby while deciding Issue No. (V) regarding violation of terms and conditions of the Insurance Policy by the Offending Vehicle Splendor Motorcycle bearing registration no. JH-17K-9866, instead of fastening the liability upon the Insurance Company, the learned Tribunal has directed the owner of the offending vehicle namely, Munuraj Tudu, son of Late Karu Tudu, resident of Village - Bhatondha, P.S. - Poraiyahat, District - Godda (owner of the offending vehicle bearing registration no. JH-17K-9866) to indemnify the award.

Learned counsel for the appellants has placed reliance upon the judgment passed by the Apex Court in the case of Shamanna & Another Vs. Divisional Manager, Oriental Insurance Company Limited & Others reported in (2018) 9 SCC 650 and has submitted that in third party victim of motor vehicle claim case, award shall be passed against the Insurance Company with right to recover the same from the Owner of the offending vehicle in view of the principles laid down by the Apex Court in the case of Oriental Insurance Company Limited Vs. Nanjappan reported in (2004) 13 SCC 224, as such, notice may be issued upon the Insurance Company and the owner of

the offending vehicle as there is no collusive appeal preferred by the claimants with owner of the offending vehicle, rather claimants will have difficulty in recovery of said awarded amount in execution case because the impugned award was passed against the owner of the offending vehicle.

Let notice be issued upon owner of the offending vehicle namely, Munuraj Tudu, son of Late Karu Tudu, resident of Village - Bhatondha, P.S. - Poraiyahat, District - Godda (owner of the offending vehicle bearing registration no. JH-17K-9866), under both process, under registered cover with A/D as well as under ordinary process, for which requisites etc. must be filed within two weeks.

So far notice upon Insurance Company is concerned, appellants are directed to serve two copies of memo of appeal upon learned counsel, Mr. Alok Lal, who normally appears on behalf of National Insurance Company Limited.

Let the name of learned counsel, Mr. Alok Lal be reflected in the cause list on behalf of respondent - National Insurance Company Limited.

Put up this appeal after service of notice upon owner of the offending vehicle.

(Kailash Prasad Deo, J.) Sunil/-