Jharkhand High Court
The Branch Manager vs Jogmaya Devi on 9 February, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[CIVIL MISCELLANEOUS APPELLATE JURISDICTION]
M.A. No. 222 of 2017
...........
The Branch Manager, National Insurance Company Ltd.
.... Appellant
Versus
1. Jogmaya Devi, W/o Late Shankar Saha
2. Sajal Kumar Sah, S/o Late Shankar Saha
3. Nandini Kumari, D/o Late Shankar Saha
4. Ahilla Devi, W/o Baneshwar Saha
5. Nitesh Kumar Raut, S/o Bishwanath Raut
6. Baneshwar Saha, S/o Late Kalicharan Saha ..... Respondents
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.....
For the Appellant : Mr. G.C. Jha, Advocate
For the Respondents :
05/Dated: 09/02/2021
Heard learned counsel for the parties.
Learned counsel for the appellant has submitted that in terms of order
dated 02.12.2019, notices have been issued to the respondents.
From the office note, it appears that valid service report of notice upon
respondent nos.1, 4 and 6 have been received and notice upon respondent
nos.2 and 3 has been received by respondent no.1, who is mother of
respondent nos. 2 and 3.
So far notice upon respondent no.4 (mother of the deceased) is concerned
she has also received notice personally.
So far respondent no.5 (owner) is concerned, i.e. Nitesh Kumar Raut, S/o
Bishwanath Raut the same could not be served upon them due to lockdown.
Learned counsel for the appellant has submitted that appellant has only
assailed the impugned award with regard to quantum of compensation but not
with regard to right of recovery after indemnifying the award against the
owner of the vehicle, as such, appeal may be heard and disposed of as there is
delay of 35 days and for condonation of the same, I.A. No. 3208 of 2017 has
been preferred and execution case is proceeding in which warrant of arrest has
been issued against the Branch Manager, in Certificate Case No.20 of 2018-19
and for stay of the same, I.A. No.544 of 2021 has been preferred.
Learned counsel for the appellant has further submitted that excess
amount has been paid under the conventional head which may be reduced in
view of the judgment passed by Apex Court in the case of National Insurance
Company Ltd. vs. Pranay Sethi, reported in (2017) 16 SCC 680 .
Since the notice has already been served upon the respondents, but they
have not appeared, learned Executing Court is directed to inform the claimants
to appear before this Court and to that effect they shall file an affidavit before
the learned executing court.
In the meantime, the Insurance Company is directed to issue two cheques
of compensation amount before the learned Executing court, one of Rs.12 lacs
and another cheque with regard to Rs.5,21,000/- along with interest in terms of
award passed by the learned Tribunal.
So far amount of Rs.12 lacs is concerned, learned Tribunal after taking
affidavit from the claimants, the same shall be disbursed in favour of the
claimants.
So far amount of Rs.5,21,000/- with interest is concerned, the whole
amount shall be kept in a fixed deposit during pendency of this appeal.
Awaiting the appearance of the claimants, if the aforesaid amount is
deposited by the Insurance Company within a period of 60 days, the Executing
court shall not proceed in Certificate Case No.20 of 2018-19 pending before
the Certificate officer/S.D.O., Pakur.
I.A. No.544 of 2021 is hereby disposed of.
As the notice has already been validly served upon the claimants.
( Kailash Prasad Deo, J.)
sandeep/R.S-
