Jharkhand High Court
National Insurance Company Ltd vs Sukur Muni Tudu on 2 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 55 of 2020
National Insurance Company Ltd. .... .. ... Appellant
Versus
1.Sukur Muni Tudu
2. Anita Marandi
3. Sangeeta Marandi
4. Sunita Marandi
5. Talamoy Soren
6. Ashok Choudhary
7. Ganga Prasad Raut .. ... ... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant : Ms. Amrita Banerjee, Advocate.
For the Resp. :
..........
03/02.02.2021.
Heard, learned counsel for the appellant, Ms. Amrita Banerjee.
The instant Miscellaneous Appeal has been preferred by the National
Insurance Company Limited against the judgment/award dated 30.07.2019 passed
by learned M.A.C.T.-cum-District Judge-I, Dumka in Motor Accident Claim Case
No.46 of 2018 whereby the claimants namely, 1.Sukur Muni Tudu, W/o Late Babu
Ram Marandi, 2.Anita Marandi, D/o Late Babu Ram Marandi, 3.Sangeeta Marandi,
D/o Late Babu Ram Marandi, 4. Sunita Marandi, D/o Late Babu Ram Marandi and
5. Talamoy Soren, W/o Late Partaa Marandi all resident of Village- Kainkhapra, P.O.
& P.S.- Ramgarh, District- Dumka, Jharkhand have been awarded compensation to
the tune of Rs.18,70,000/- along with interest @ 6% per annum from the date of
filing of the claim petition up to the date of payment. Further it is ordered that the
amount if any awarded to the claimants under Section 140 MV Act shall be deducted
from the above amount. The claimant no.2 being minor is represented through her
natural guardian mother i.e. claimant no.1.
Learned counsel for the appellant has submitted that admittedly the deceased
(Baburam Marandi) was a home guard, aged about 45 years, but the learned Tribunal
while computing the compensation has wrongly applied the multiplier of 15 instead
of 14 contrary to the judgment passed by the Hon'ble Apex Court in the case of
Sarla Verma (Smt) & others vs. Delhi Transport Corporation & another,
reported in (2009) 6 SCC 121.
Learned counsel for the appellant has further submitted that it is a case of
misuse of permit by the owner of the vehicle, as such, right of recovery may be
given in favour of the Insurance Company from the owner of the offending vehicle
in view of the judgment passed by the Hon'ble Apex Court in the case of Oriental
Insurance Co. Ltd. Vs. Nanjappan & Ors., reported in (2004) 13 SCC 224, as
Exhibit-A that is verification of permit memo no.430 dated 07.06.2019 shows that
vehicle was not permitted to ply on the route where the accident took place, as
such, notice may be issued to the respondents.
Learned counsel for the appellant has further submitted that there is delay of
58 days in preferring the appeal and for condonation of the same, I.A. No. 1274 of
2020 has been preferred.
Learned counsel for the appellant has further submitted that for stay of
proceeding, I.A. No. 1703 of 2020 has been filed.
Considering such submissions, let notice be issued to respondent no.6-
Ashok Choudhary, S/o Adhik Lal Choudhary (Owner of the offending Bus bearing
registration No.JH04C-6104) R/o Village Hansdiha, P.O. & P.S. Hansadiha, District-
Dumka and respondent no.7- Ganga Prasad Raut, S/o Sukdeo Raut (Driver) R/o
Village- Dhanbay, P.S. Hansdiha, District Dumka in I.A. No. 1274 of 2020 as well as
in memo of appeal 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 four
weeks.
Let the appeal be listed after the service of notice.
So far I.A. No.1703 of 2020 is concerned, appellant is directed to deposit the
entire awarded amount along with interest as awarded by the learned Tribunal in two
bank drafts, one of the Rs.10 lacs and another is of balance amount inclusive of up to
date interest as awarded by the learned Tribunal. Rs.10 lacs shall be indemnified to
the claimants after proper verification.
So far the another cheque of balance amount inclusive of up to date interest as
awarded by the learned Tribunal is concerned, the same shall be deposited in the
nationalized bank during the pendency of the appeal so as not to cause any loss
either to the claimants or to the Insurance Company at the time of final adjudication
of the appeal.
The compensation amount shall be deposited within a period of 90 days and
to that effect affidavit must be filed by the appellant.
If such amount is deposited, the executing court shall not proceed in
Execution Case No.27 of 2019 pending in the court of Learned District Judge-I-
cum- Motor Accident Claim Tribunal, Dumka.
Accordingly, I.A. No.1703 of 2020 is disposed of.
(Kailash Prasad Deo, J.)
R.S.
