National Insurance Company ... vs Chirajit Mahanta & Others
2021 Latest Caselaw 621 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
         (Civil Miscellaneous Appellate Jurisdiction)
                M.A. No. 379 of 2014
                       ........

National Insurance Company Limited .... ..... Appellant Versus Chirajit Mahanta & Others .... ..... Respondents

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

For the Appellant : Mr. Amresh Kumar, Advocate.

For the Respondents             :
                                    ........
06/09.02.2021.

The appeal has been preferred by the National Insurance Company Limited against the award dated 21.04.2014 in Compensation Case No.30/2007 passed by learned District Judge-I- cum - M.V.A.C.T., Singhbhum (W) at Chaibasa on three grounds:- i.e. (1) learned Tribunal has not considered the evidence adduced by the injured and wrongly fixed income to the tune of Rs.3,000/- per month from agriculture though the injured has admitted in his cross- examination that he has no landed property.

(2) Learned counsel for the appellant has further submitted that injured is aged about 39 years, but learned Tribunal has wrongly applied the multiplier of 16 instead of 15 in view of the judgment passed by the Apex Court in the case of Sarla Verma Vrs. Delhi Transport Corporation reported in (2009) 6 SCC 121.

(3) Learned counsel for the appellant has further submitted that learned Tribunal, in absence of any voucher of medical expenses at Loknath Nursing Home, Cuttack, has fixed the medical expenses as Rs.50,000/- by holding that in private nursing home, treatment is not possible without payment.

Learned counsel for the appellant has thus submitted that though the offending vehicle was insured, but there is every likelihood of reduction in the compensation amount, for which notice may be issued upon the injured, so as to adjudicate these issues before this Court.

Considering such submissions, let notice be issued to the injured claimant namely, Chiranjit Mahanta, son of Umakant Mahanta, resident of Village- Tabuabahal, P.O. & P.S.- Champua and

District - Keonjhar, Orissa, At present residing at Village- Kalyanpur, Nimdih, Chaibasa, P.O. & P.S.- Muffasil and District - West Singhbhum, Jharkhand under both process under both address 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.

It appears that vide order dated 25.08.2015 stay has been granted by the Coordinate Bench of this Court in Execution Case No. 01/2015 till appearance of respondents, which has been sent to Executing Court through 'FAX', but till date respondents have not appeared.

Under the aforesaid circumstances, no order is being passed in this regard by this Court, however, the respondents may be noticed and the Executing Court shall also inform the claimant.

Put up this case after appearance of the claimant.

(Kailash Prasad Deo, J.) Jay/-