Jharkhand High Court
Divisional Manager vs Tila Devi on 9 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[CIVIL MISCELLANEOUS APPELLATE JURISDICTION]
M.A. No. 131 of 2019
...........
Divisional Manager, National Insurance Company Ltd.
.... Appellant
Versus
1. Tila Devi
2. Sudni Devi
3. Shila Devi
4. Deepak Kumar Mahto
5. Puja Kumari
6. Chanchala Kumari
7. Ravindra Kumar
8. Rajesh Kumar
9. Ranjit Kumar Mahto ..... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.....
For the Appellant : Mr. Alok Lal, Advocate
For the Respondents :
03/Dated: 09/02/2021
Heard, learned counsel for the appellant.
Learned counsel for the appellant- National Insurance Co. Ltd. has
opreferred this appeal against the award dated 10.12.2018 passed by learned
District Judge-II-cum-Motor Accident Claims tribunal, Bokaro in Motor
Accident Claim Case No.116 of 2017 whereby the claimants namely, Tila
Devi, Sudni Devi, Shila Devi, Deepak Kumar Mahto, Puja Kumari, Chanchala
Kumari and Ravindra Kumar have been awarded compensation a sum of
Rs.8,50,000/- along with interest @ 6% per annum from the date of filing of
claim application i.e. 13.11.2017 to be paid within 90 days from the date of
award, failing which the Insurance Company shall have to pay interest @ 9%
simple till its realization of compensation amount.
Learned counsel for the appellant, Mr. Alok Lal has submitted that
offending vehicle bearing registration no. JH09X-2875 was insured before the
Insurance Company from the date of accident i.e. 17.10.2017 till 17.10.2018
and certificate for the same has been issued on 16.58 Hours on 17.10.2017
vide policy no.180501/31/17/6700010317.
Learned counsel for the appellant, Mr. Alok Lal has submitted that there
was a declaration made by the owner of the vehicle, which has been brought
on record as Exhbit-B that vehicle has not met with an accident prior to 4:00
P.M. but the vehicle has met accident at 3 P.M. on 17.10.2017 and Ranjit
Kumar Mahto, driver of the vehicle has adduced in his evidence that accident
took place at 16:15 in the evening, as such, this Court may consider to call for
the LCR so as to verify the fact in dispute.
Learned Tribunal has considered the judgment passed in the case of
Oriental Insurance Company Limited vs. Rajesh and Others 2008 (2) T.A.C.
674 (M.P.) and United India Insurance Company Limited vs. B.M. Shukla
and Others 1989 (1) T.A.C. 121 (M.P.) though the learned Tribunal has not
considered the judgment passed by the Apex Court in the case of New India
Insurance Company Ltd. vs. Bhagwati Devi, 1999 ACJ 534 and Oriental
Insurance Company Limited Vs. Porselvi and Anr., 2009 15 SCC 116.
Learned counsel for the appellant has further submitted that in that view of
the matter this Court may consider and give protection to the appellant as
Certificate Case No.2/2019-20 before the District Certificate Officer, Bokaro
is proceeding and there is a threat to the appellant.
Considering such submissions, learned counsel for the appellant has
directed to file a final outcome of the judgment referred in the impugned order
i.e. Oriental Insurance Company Limited vs. Rajesh and Others 2008 (2)
T.A.C. 674 (M.P.) and United India Insurance Company Limited vs. B.M.
Shukla and Others 1989 (1) T.A.C. 121 (M.P.) that whether these two
aforesaid judgments have been assailed before the Apex Court or not and if
assailed and what is there final outcome.
In the meantime, since in absence of LCR the contention of the appellant
cannot be accepted without verifying the same, as such, this Court directs the
Insurance Company to issue two cheques i.e. one with respect to Rs.5 lacs and
another with respect to Rs.3,50,000/- along with interest awarded by the
learned Tribunal. The same shall be deposited in two Bank drafts before the
learned Executing Court within 90 days. One draft of Rs.5 lacs shall be
disbursed to the claimants in the ratio as awarded by the learned Tribunal and
the rest amount shall be kept in the fixed deposit so as not to cause any
financial loss to the parties during pendency of the appeal.
Let notice be issued to all the respondents namely, 1.Tila Devi, W/o Late
Parmeshowar Mahto, 2, Sudni Devi, W/o Late Darku Mahto, 3. Shila Devi,
W/o Late Parmeshwar Mahto, 4. Deepak Kumar Mahto, S/o Late Parmeshwar
Mahto, 5. Puja Kumari, D/o Late Parmeshwar Mahto, 6 Chanchala Kumari,
D/o Late Parmeshwar Mahto, 7. Ravindra Kumar, S/o Late Parmeshwar
Mahto, All R/o Village & P.O.- Teliyadih, P.S. Kamsar, District- Bokaro, 8.
Rajesh Kumar, S/o Manoj Kumar, R/o Ashok Vatika, Jhdha Dih More, Chas,
P.O. & P.S. Chas District- Bokaro (Owner of Dumper) and 9. Ranjit Kumar
Mahto, S/o Shanti Prasad Mahto, R/o Village and P.O. Gopalpur, P.S. Jaridih,
District- Bokaro (Driver) 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 two weeks.
In the meantime, if the aforesaid amount is deposited within 90 days, the
Executing Court shall not proceed in the matter otherwise Court shall proceed.
After depositing the amount the appellant- Insurance Company shall file
affidavit to the extent that aforesaid amount has already been deposited.
I.A. No. 646 of 2021 is hereby disposed of.
( Kailash Prasad Deo, J.)
R.S-
