Jharkhand High Court
M/S Ajay Engicon Pvt. Ltd vs Anwari Bibi & Others on 2 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
(Civil Miscellaneous Appellate Jurisdiction)
M.A. No. 14 of 2012
........
M/s Ajay Engicon Pvt. Ltd. .... ..... Appellant
Versus
Anwari Bibi & Others .... ..... Respondents
WITH
M.A. No. 15 of 2012
........
M/s Ajay Engicon Pvt. Ltd. .... ..... Appellant
Versus
Ajhari Bibi & Others .... ..... Respondents
WITH
M.A. No. 16 of 2012
........
M/s Ajay Engicon Pvt. Ltd. .... ..... Appellant
Versus
Anwari Bibi & Others .... ..... Respondents
CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through : Video Conferencing)
............
For the Appellant : Mr. A.K. Sahani, Advocate.
For the Respondents / Claimants : Mr. Nikhil Ranjan, Advocate.
For the Oriental Insurance Co. Ltd.: Mr. Bibhash Sinha, Advocate.
For the United India Insurance Co. Ltd.: Mr. H. K. Singh, Adv.
........
11/02.02.2021.
All the aforesaid miscellaneous appeals are arising out of
common Judgment / Award passed in Compensation Case Nos.
254/2004, 255/2004 and 256/2004, where three persons died in a
motor accident.
The Miscellaneous Appeal No.15/2012 has been admitted on
23.10.2013, but even then the defect nos.2 to 4 are stand still.
Defect nos.2 to 4 in M.A. No.15/2012 are as follows:-
Defect no.2- Name of District below cause title may be
mentioned.
Defect no.3 - Cause title of memo and limitation petition may
be corrected.
Defect no.4- A.F. of Rs.15/- is required on c.c. of impugned
judgment.
Learned counsel for the appellant, Mr. A.K. Sahani, has
submitted that due to inadvertence defect nos.2 to 4 in M.A.
No.15/2012 have not been removed by the appellant, as such,
adjournment may be granted.
Learned counsel for the United India Insurance Co. Ltd., has
submitted that in M.A. No.15/2012 they have not filed Vakalatnama,
as such, one week' time may be granted.
Learned counsel for claimants, Mr. Nikhil Ranjan has no
objection though he has submitted that accident is of the years, 2004,
but till date the compensation amount awarded by the learned
Tribunal has not been indemnified by the owner of the vehicle, who
has been directed by the learned Tribunal.
Learned counsel for the claimants has submitted that 50% of
award has been passed against owner of the offending vehicle and
50% against the Insurance Company.
Learned counsel for the Oriental Insurance Co. Ltd., Mr.
Bibhash Sinha has submitted that in the Lok Adalat the 50% of the
compensation amount has already been paid by the Oriental
Insurance Co. Ltd. to the claimants in Compensation Case Nos.
254/2004, 255/2004 and 256/2004, which has been passed against
O.P. No.1, M/s Ajay Engicon Pvt. Ltd. though no adjudication has
been done with respect to the liability upon the Oriental Insurance
Co. Ltd.
Learned counsel, Mr. H. K. Singh has submitted that one week'
time may be granted, so as to file Vakalatnama in M.A. No.15/2012
on behalf of United India Insurance Co. Ltd.
Considering the same, let these appeal be listed after the
physical court starts, but in the meantime, counsel for the appellant
shall remove the defects and counsel for the United India Insurance
Co. Ltd. shall appear in M.A. No.15/2012.
It is made clear that no further adjournment shall be granted to
any of the parties, as these appeal are of the year 2012.
(Kailash Prasad Deo, J.)
Jay/-
